The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

FREEPORT - Jurors in the murder trial of Hulio Smith were unable to reach a verdict yesterday, leading to a hung jury and an order for a retrial.

After several hours of deliberations, a jury of eight women and four men returned around 3pm but had not reached a decision.

Senior Justice Hartman Longley asked jurors to retire for another hour to try to reach a verdict, however they were still undecided. The jury foreman told the court nine jurors voted guilty, three not guilty.

Smith, 32, was on trial for murder and conspiracy to commit murder.

The prosecution had alleged that on November 15 or 16, 2007, the accused, while concerned with another, intentionally caused the death of businessman Gifford Martin Jr by unlawful harm, and that he conspired with another to murder the businessman. Martin left home around 6.30pm on November 15. He was later found dead behind his Xtreme Auto Supplies store. The businessman had been shot in the head.

Senior Justice Hartman Longley discharged the jury and ordered a retrial as soon as possible. "Sometimes we get a verdict, sometimes we don't. We ask only that the jury to be prudent to their oath," Justice Longley said.

Paul Wallace-Whitfield, Smith's attorney, said he feels there was insufficient evidence for a conviction and expressed disappointment in the outcome of the trial.

"I am disappointed that acquittal was not the verdict the jury got. Having said that, I am also grateful it was a hung jury, and if the prosecution sees fit to retry him we have a second opportunity to attempt to establish his innocence," he said.

Mr Wallace-Whitfield said the judge has indicated that Smith's bail will continue.

When asked how his client felt about the outcome, he said: "Judging by his reaction, I suspect that he feels disappointed that potentially nine persons thought that he might have committed this offence."