One hour ago, Ronlee Petillo and Matthew Smith left the Supreme Court as free men - after more than 5 years on remand. They were accused of the murder of market vendor Miguel Rivera - who was killed in 2011 reportedly because he had witnessed a crime earlier that day. But, the prosecution's case fell apart when the main witness, another market vendor named Juan Guardado got amnesia on the stand. He couldn't remember the statement he gave implicating the two men as the shooters, and went as far as to say, quote, "at night, all black people look the same." Eventually, he had to be treated as a hostile witness, and was of little use to the prosecution.
And so today, nine days after the case started, defence attorneys, Anthony Sylvester for Ronlee Petillo and Leeroy Banner for Matthew Smith made no case submissions for their clients. Justice Adolph Lucas agreed, and found the two men not guilty.
With that they dashed out of court, tasting freedom for the first time in 63 months. We spoke with their attorneys outside the court about how the case against them crumbled.
Anthony Sylvestre, Attorney for Ronlee Petillo
"When a prosecution closes its case and the evidence is such that there is no evidence against a defendant it becomes almost routine that the defence council will make a submission of no case to answer.
Leeroy Banner, Attorney for Matthew Smith
"So pretty much after the witness did not live up to expectation, the case went downhill afterwards."
Jules Vasquez
"Is it unfair to these men to have them remanded for 5 years when really the case was not a substantial or hefty case against them evidentially in terms of the physical evidence other that the witness statement?"
Leeroy Banner, Attorney for Matthew Smith
"Of course, if you look at the constitution, it will say that he must be tried at a reasonable time. So you cannot tell me that 5 years, 3 months and 6 days is reasonable. Even though as accepted standard now. Not because its accepted means that it is reasonable. I think that this is something that needs to be done and as to look at the delay in the system. We can't have someone in jail for 5 years only to be told by the judge that there is no evidence and go home. In this case, my client was 18 years old at the time, he is 23 years old now. He didn't finish high school, didn't finish 6th form, he pretty much left without his future to me."
And while that was Matthew Smith's first major criminal trial, this is the second time Ronlee Petillo has gotten off a murder charge. He also beat other charges such as attempted murder and aggravated burglary.
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