A man who the police accused of stealing a battery was freed in the Spanish Town Resident Magistrate's Court yesterday, following a successful no-case submission by his attorney.
Dwayne Gardener, 35-year-old construction worker of Portmore, St Catherine, was before the courts on a charge of larceny.
When the matter was mentioned, attorney-at-Law Vincent Wellesely told the court that the accused could not be prosecuted as charged.
He explained that the Crown was depending on the written statement of a representative for Digicel, which states that the battery found in his client's possession are supplied to both his company and LIME Jamaica limited.
Wellesley said that the statement should be sought from Product Solutions Limited to identify the true owner of the battery in question.
The clerk of court then conceded that there was a flaw in the Crown's case which resulted in Gardener being freed.
Allegations are that on October 15, last year, the accused was stopped by the police along the Braeton main Road in St Catherine.
While his documents were been checked, the police observed a battery he determined was the property of Digicel Jamaica.
The accused was then charged with larceny, he made several court appearances and has maintained his innocence throughout.
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