Constable freed in case of UWI student pepper sprayed during COVID curfew

The long running case of a University of the West Indies (UWI), Mona student pepper sprayed during the height of the COVID-19 curfew has concluded with Constable Melvin Whyte being freed after a parish judge accepted that he acted in self defence.

Whyte was acquitted last Friday in the Kingston and Saint Andrew Parish Court. He had been charged with assault occasioning bodily harm following an investigation by the Independent Commission of Investigations and a ruling from the Office of the Director of Public Prosecutions in December twenty twenty.

The case stemmed from an April twenty eight twenty twenty incident on the UWI Mona campus, when Whyte and another officer were patrolling near Taylor Hall. Reports said they saw a group of students playing Ludo outside and reminded them of the curfew order, telling them to return to their rooms.

Evidence presented in court showed that the complainant approached the police service vehicle and began arguing that the students were already at their homes on campus. The exchange intensified and the student was pepper sprayed.

In delivering his decision, Parish Judge Broderick Smith said credibility issues raised by the defence affected the complainant's account and accepted that Whyte acted in self defence. He also noted that the uncertainty surrounding the emerging COVID nineteen virus at the time would have influenced the officer's judgement.

Whyte was represented by attorneys John Jacobs, Courtney Rowe and D Ondre Buchanan.

- Tanesha Mundle

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