Armed Police dispatched to the scene of a "riot" in St. David's encountered a man in the sea shouting in fear of his life, while others on shore yelled threats, it was claimed in court yesterday.

However, all four men who stood charged with riotous behaviour at the beginning of yesterday's hearing had their names cleared by a Magistrate at the end of the prosecution case.

Toshmaal Tucker and Michael Talbot, both aged 29, from Devonshire, Jahdel Rogers, 28, from Pembroke and Jahkeo Leshore, 27, of Devonshire denied the charges.

Police Constable Nidol Barker of the Armed Response Unit gave evidence that he and three colleagues were dispatched to the Great Bay area of St. David's, near the cricket club, at 7.45 p.m on Sunday, May 3.

It has previously been alleged by the Police and prosecutors that a large number of men from rival Pembroke-based gangs gathered in St. David's that night to participate in an armed fight.

Pc Barker said other officers in uniform were already there and he saw a crowd of people standing on the road pointing towards the direction of the water. PC Barker said he heard one of them saying something like "him, him" and then noticed Mr. Leshore standing on a dock shouting "I'll f**k you up" to a man in the water and looking very agitated.

He then observed a man standing on a boat moored in the water who was shouting "help, help, those guys are trying to f*****g kill me."

Pc Barker then saw Mr. Tucker, Mr. Talbot and Mr. Rogers standing next to a car. They also appeared to be agitated, gesturing with their hands and shouting. He claimed that he and his fellow armed officers shouted at the trio to get down on the floor on several occasions but they did not comply, and they were arrested on suspicion of obstructing the Police, and affray.

Asked by prosecutor Nicole Smith to demonstrate the volume of what the men were shouting, Pc Barker obliged by shouting "We're going to get you, we're going to get you!"

However, Magistrate Khamisi Tokunbo agreed with defence lawyers that his allegation that the men shouted those words together with his claims about what Leshore and the man in the water shouted was not admissible as evidence. The lawyers had described all the words as "hearsay".

Three of Pc Barker's colleagues from the Armed Response Unit gave similar accounts of events. However, defence lawyers complained at the close of the prosecution case that there was no evidence any of the four accused men behaved in a "riotous manner," and there was no case for them to answer.

According to Mr. Rogers' lawyer Charles Richardson, the definition of "riotous" in the Oxford English Dictionary is "involving public disorder, wild and uncontrolled" which was not true in this case.

Prosecutor Nicole Smith contested the arguments, saying that the defendants had exhibited behaviour that was "boisterous" and "unrestrained".

However, Magistrate Khamisi Tokunbo upheld the defence submissions that there was no case to answer, stating: "In my view there is no evidence that Tucker, Talbot and Rogers behaved in a riotous manner and I take the same view on Leshore."

Three additional defendants had also been charged in relation to the same incident Jerome Mader, 21, of Hamilton Parish, Tyun Smith-Ming, 21, of Paget and Tideone Smith, 30, of Paget.

However, prosecutor Ms Smith dropped the charges against them before the trial began yesterday, explaining that she had no evidence to offer. In an unusual move, the Magistrate ruled that Tideone Smith should have his legal costs paid by the Crown. His defence lawyer Shade Subair complained that the case against him was "unfounded" and "of a frivolous nature". Mr. Tokunbo agreed, on the basis that the Crown admitted there was no evidence.

Tyun Smith-Ming's lawyer, Larry Mussenden, was involved in another case yesterday but will make a similar application to the court for costs against the Crown on October 19.