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Man cleared in Thomas assault case

has had his name cleared -- almost three years after the alleged attack.And Puisne Judge Vincent Meerabux criticised then-Magistrate Cheryl-Ann Mapp for finding Shannon Tucker guilty, claiming the decision was "simply not good enough''.

has had his name cleared -- almost three years after the alleged attack.

And Puisne Judge Vincent Meerabux criticised then-Magistrate Cheryl-Ann Mapp for finding Shannon Tucker guilty, claiming the decision was "simply not good enough''.

Tucker, now 22, was found guilty of beating and throwing a bottle at Frederick Thomas outside the Harrington Workmen's Club in October, 1995.

He was never sentenced because the appeal was filed immediately.

Club president Mr. Thomas told Tucker's original trial that he was punched and kicked by the accused and had his head split open when the bottle and another piece of metal were thrown at him.

Tucker, of Broken Hill Lane in Smith's Parish, denied three charges -- including grievous bodily harm -- and claimed the pair started fighting only after he was "smacked in the face''.

He also denied throwing a bottle or a piece of metal.

The brawl began after Mr. Thomas saw three youths playing loud music on the club porch. He stopped his car and walked to the club, telling the youths to leave.

Mr. Justice Meerabux upheld Tucker's appeal on the grounds that the prosecution presented "conflicting evidence''.

He said the case had not been proved "beyond reasonable doubt'' and he criticised Mrs. Mapp for saying in her judgment that she "preferred the evidence of the complainant'' over the defendant.

He added: "I think that it is simply not good enough for the learned Magistrate to say that `this is a most serious matter and on the evidence that has been laid I find that I prefer the evidence of the complainant as being a more credible account of the exchange between the parties'.''