Barbara Gayle, Staff Reporter
Supreme Court Judge Kay Beckford has offered bail in the sum of $750,000 with sureties to Constable Glenroy McDermott, who is to face a new trial for the murder of a wanted man.
He was convicted in 2006 of the murder of Michael Dorsett, otherwise called 'Buba' of Bull Bay, St Thomas, who was shot dead in Taylor Land, near Bull Bay, on November 9, 2000.
McDermott is to return to the Home Circuit Court on May 2 when a trial date will be set.
The Court of Appeal ordered a new trial on March 17 because of a judge's failure to give adequate directions to the jury. McDermott's convictions and sentence of life imprisonment and order that he must serve 20 years before parole were also set aside.
The retrial was ordered after defence lawyer Valerie Neita-Robertson submitted that Mc-Dermott, who was a policeman, was entitled to use force to apprehend a fleeing felon. She pointed out that at the time, Dorsett was shot, he was in possession of an illegal firearm and had fired at the police.
Dorsett was wanted by the police for offences of rape, shooting with intent and illegal possession of firearm.
The defence of fleeing felon was not raised at McDermott's trial. The Court of Appeal, in ruling in McDermott's favour, reminded judges that "the authorities have established, however, that it is the duty of a trial judge to deal with and to direct the jury on any defence warranted by the evidence adduced at the trial even though it was not relied on by an accused person".
barbara.gayle@gleanerjm.com