Jamaica Gleaner

Prosecutor­s discontinu­e murder case against spouse of deadly momster

- Livern Barrett/Senior Gleaner Writer livern.barrett@gleanerjm.com

THE COMMON-LAW spouse of the Clarendon woman who received a suspended sentence for using a piece of board to beat her twoyear-old daughter to death because the child defecated on herself has been freed of murder.

Dingwall Green was acquitted in the Clarendon Circuit Court on Tuesday after prosecutor­s announced that they were offering no evidence against him. Green and his female companion, Delrita Smith, 53, were charged with the gruesome beating death of two-year-old Sherene Smith in Clarendon in 2006.

A post-mortem report revealed that Sherene had blood in both kidneys and laceration­s to the posterior wall of the small intestine. “Cause of death: hypovolemi­c shock due to rupture to intestines and blunt trauma to kidneys,”the report concluded.

The case was stuck in the parish court in Clarendon for 11 years before it was sent to the Clarendon Circuit Court last October. Smith pleaded guilty to manslaught­er in January and was sentenced last Friday to three years in prison at hard labour.

However, Justice Courtney Daye ordered that the sentence be suspended for two years, meaning that Smith will avoid prison if she does not commit a criminal offence over the next 24 months.

Prosecutor­s Andrea Martin Swaby and Syleen O’Gilvie acknowledg­ed that among the evidence they intended to use in Green’s murder trial was a statement from one of Smith’s children who accused Green of beating Sherene the day she died.

However, Martin Swaby, a deputy director of public prosecutio­ns, indicated that the case file also included separate statements from one of Green’s children and an adult female who was present and they both accused Smith of beating the child.

“Based on the evidentiar­y materials that were gathered in the case, the crown was presented with two diametrica­lly opposed versions of events,” she said.

“Miss Smith, having accepted responsibi­lity for the death of young Sherene Smith, it would not be in the interest of justice to pursue a prosecutio­n against Mr Dingwall Green,” added Martin Swaby. She indicated, too, that his offspring who gave the statement to investigat­ors pointing the finger at Smith was the only witness who attended court to give evidence.

“In light of this fact, coupled with the fact that Delrita Smith took responsibi­lity for the death of the child, the Crown offered no evidence against Mr Dingwall Green,” Martin Swaby explained.

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