One of three men originally charged over the St. David's 'riot' but later cleared on the grounds of no evidence will have his legal bill footed by the taxpayer.

Tyun Smith-Ming, 21, of Paget, along with Tideone Smith, 30, of Paget, and Jerome Mader, 21, of Hamilton Parish, were among a group of seven originally charged over the incident on May 3.

It has 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. However, no one has ever been convicted over the disturbance, which saw armed Police sent to the scene.

On September 24, four men who stood charged with riotous behaviour had their names cleared by a magistrate at the end of the prosecution case. That was after the prosecution had already offered no evidence against Smith-Ming, Smith and Mader before the trial got underway.

In an unusual move, Magistrate Khamisi Tokunbo ruled on the day of trial 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.

Smith-Ming's lawyer, Larry Mussenden, was involved in another case at the time, but made a similar application yesterday to the court for costs against the Crown.

Mr. Mussenden told the court his client was held in custody from May 3 until May 6 but "on a review of all the evidence in this case, there were never any grounds to found a prosecution against him". He also noted: "The Crown offered no evidence against the defendant because it actually had no evidence to offer."

Mr. Tokunbo agreed, awarding Smith-Ming his costs. Mr. Mussenden said after the case: "The fees are not settled yet but will encompass attendance at Hamilton Police Station for the arrest and detention over three days, all appearances in court, preparation for trial, i.e. reading all the statements, researching the law, researching the case law, preparing for the costs application and the appearance for the hearing on costs.

"It will also encompass costs for the lengthy bail hearing for which Crown counsel insisted there was strong evidence against all the defendants."