Five men charged with extortion, were freed in the Spanish Town Resident Magistrate's Court yesterday after the court was convinced that they were improperly charged.

Gladstone Whyte, Devon Malcolm, George Smith, Kenneth Jenkins and Vincent Golash all members of Half Moon Fishermen's Co-operative were charged after they were accused of collection money for patrons to enter the Half Moon beach.

legal trustees

Defence attorney Delano Franklyn, mounted a successful defence for his clients. Franklyn told the court there was no way the men should have been charged as there was no complainant. He produced documents which indicated that the men are legal trustees of the 10-acre beach.

"Your honour, my clients normally collect at the entrance twice yearly. On August 2 they were collecting at the gate when they were arrested and charged," Franklyn told the court, adding that police personnel were also working at the gate.

He said his clients, who were collecting money to help with the up-keep of the beach, were humiliated and embarrassed.

"Let me also inform the court, Section 42(1) have been repealed, therefore the men have nothing to answer to," Franklyn reasoned.

Resident Magistrate Simone Maddix then told the accused they were free to go.

It is alleged that the five were collecting from patrons when police swooped down and charged them with extortion. The investigators were absent from the hearing.