He's been tried three times by the DPP and this evening for the third time Mark Gardiner walked away from charges for killing Gregory Batty at a football game two years ago. The not guilty verdict for manslaughter brings to an end a roller coaster ride in the courtroom for the 25 year old who now can never be retried for Batty's death. The jury of 9 voted 7 to 2 in favor of acquitting and as Gardiner walked out of the courtroom a free man, he told Keith Swift a big load has been lifted off his shoulders.
Mark Gardiner, Acquitted
"A whole heap of relief man, you don't know much stress I just get off of my shoulder just now."
Keith Swift,
Did you expect to be acquitted?
Mark Gardiner,
"Well I expected it but when your life is in the hands of other people you don't know what to expect."
Keith Swift,
What would you do differently if you could go back to March of 2003 at the MCC?
Mark Gardiner,
"I wouldn't have gone out. Where there is a crowd I don't even want to be."
Keith Swift,
You're a free man. What are you going to do now?
Mark Gardiner,
"I am just going home to relax and take a little rest because recently I haven't been sleeping."
We don't know how long he will be able to sleep since Gardiner is still facing charges in relation to a shooting that occurred earlier this year. In that incident Gardiner was accused of shooting at police officers and damage to property.
The Gregory Batty killing occurred March 14 of 2003 at the MCC Garden during a high school football game. Gardiner says he pulled out his.38 special revolver and fired because he was under attack. A medico-legal form from doctor was produced in court and it showed that he had been hurt in the attack. And while Gardiner said it was self-defense, the DPP first charged him with murder. He was found not guilty of murder because the DPP's office wasn't ready to proceed. On appeal the DPP won a new trial and last March they tried Gardiner for manslaughter. That case ended in a hung jury. The DPP decided yet again to retry and today it ended with the not guilty verdict.
Gardiner was defended in this case by Lutchman Sooknandan while Kamar Henry prosecuted. Troadio Gonzalez was the presiding judge.
