Rasbert Turner, Star Writer

An accused man was allowed to go free and a warrant issued for a police who failed to appear in the Spanish Town Resident Magistrate's Court yesterday.

The case against Devon Brooks, was dismissed for want of prosecution after the court learnt that from it began in June, Special Constable Tyrone Harvey of the Portmore Police Station, failed to appear.

Defence attorney Samuel Smith said the policeman's case is based primarily on assumption. ''Your honour my client has been coming to court and there is nothing to prove that he is guilty of an offence, however, I can remember asking that a warrant be issued for the officer and I don't know what's happening,'' Smith said.

spot check

Clerk of Court Ingrid Bryan, revealed that a warrant was ordered for the lawman but vacated. At this point Resident Magistrate Marcia Dunbar-Green ordered that a warrant be ordered for Harvey.

Allegations are that earlier this year Brooks was peppersprayed by Harvey near the Portmore Mall in St Catherine. The police had accused him of driving from them during a spot check after his vehicle was seen picking up passengers.

He was charged with resisting arrest, assaulting police, careless and reckless driving, operating contrary to his license and disobeying police signal.

It was agreed in principle that the car could not be used to identify the accused and that the policeman's statement did not say clearly that it was Brooks who was driving the car when it sped away.