Marks: Murder charge could have been avoided

One lawyer is of the opinion that if the police had detained his client for a longer period, he would not be facing a murder charge today.{{more}}

On Wednesday, at the High Court, while delivering his address in a matter where 43-year-old Ezekiel Jacobs is charged with the murder of his common law wife Ann Marie Ledger on July 8, 2008, defence attorney Ronald Marks told the Court that his client was provoked and if he had been given more time to calm down, he would not be answering any charges.

The young attorney, who wholly agreed with all the facts led by the crown, stated that his client was intoxicated at the time and had been kept in police custody from approximately 3am to about 6am that same day, after being involved in a dispute with Ledger. Marks claimed that Ledger had been unfaithful in their relationship and that his client could not stand the hurt of getting “butt” and the thought of her having another man and “posing off on him.” Marks said Jacobs acted out of character and if the police had waited three more hours before they released him, the provocation would have been out of his mind. “It was an irresponsible act by the officer. They should have detained him for 24 hours for the provocation to wear off,” Marks added.

Relating his evidence, Ledger’s 16-year-old son Nanry said that he, his mother and Jacobs were selling drinks in the Carnival season when an argument developed between the deceased and Jacobs over a drink and some money that he had lent her. Nanry said both Ledger and Jacobs ended up at the police station to settle their dispute.

Later that morning at about 6am, while at home in Diamond counting the money from the day’s take, Nanry said he heard a loud banging on the door and saw that it was Jacobs. He stated that Jacobs entered the house armed with a cutlass and was questioning his mother as to why she took his name to the police. Nanry recalled seeing Jacobs holding the weapon above his head and was going to attack his mother. The boy said he climbed through the window to get help but as soon as he got outside, Nanry said he heard his mother scream his name and come running out of the house with Jacobs behind her with the cutlass in his hand. After trying to seek help, Nanry returned only to see his mother lying in a pool of blood with chops wounds about her body and muttering the words “help.”

A post mortem examination revealed that Ledger died from multiple chop wounds. She received a chop in the middle of her forehead, her left arm was severed and her right forearm barely hanging by the elbow.

Witness Lester Jackson told the court that he had been in the vicinity of Y De Lima in Kingstown where Ledger and Jacobs were selling and that he had bought a Guinness stout. “When I was there, Ezekiel told me don’t get trick, cause is he (Jacobs) sleeping with his woman every night and don’t mek Ann Marie eat you out.”

Jackson said Jacobs became irate and began calling Ledger a whore. He added that Ledger told Jacobs that she wasn’t with him and the he must stop drinking so much strong rum. The witness said Ledger walked away and Jacobs told her: “If yuh mek I get lock up tonight, I will kill you.” Jackson related that he was at Y De Lima the Thursday before, where Ledger had been selling, and had asked her who Jacobs was.

Marks had further noted in his address that there were three elements of provocation that arose during the evidence and that a case of manslaughter should be going through the jury’s mind.

In a written statement given to the police, Jacobs admitted to killing Ledger. Jacobs said he had been drinking strong rum and Ledger had told him to stop. He went on to say that after being released from the police he had gone home to his “shanty” and equipped himself with a cutlass and went into Ledger’s home. “I went into the bedroom, me ain ask no questions and I just start to fire chop. After that I put the cutlass under my arm and go by the police.” Jacobs stated.

Justice Frederick Bruce-Lyle should have given his summation in the matter yesterday.(KW)