From the Courts
December 18, 2009

Junior David walks free

Since October 5, 2009, four accused persons were freed of murder charges, owing to insufficient evidence against them, or technicalities.{{more}}

Junior David brought that figure to five when he was discharged on Monday, December 7.

David, a resident of Long Wall, who was charged with the murder of Ashley “Seymour” Warren, was acquitted, as Chief Magistrate Sonya Young found that there was insufficient evidence brought against him.

Lead investigating officer, Hezron Ballantyne, under cross examination by David’s counsel Maia Eustace, said that that there was enough evidence to charge David from telephone records and his statement. This, however, did not hold water with the Chief Magistrate.

David was jointly charged with his brother Colin David, who was committed to stand trial at the High Court on Thursday, December 10.

Kamal Moore was acquitted on October 5, 2009, for the murder of Edinboro resident Shereen Clouden. A no case-submission forwarded by attorney Grant Connell saw Moore gain his freedom.

In his submission, Connell contended that investigating officer Inspector Sydney James only charged Moore because of instructions from the Director of Public prosecutions. James, in his response, stated that it was not only directions from the DPP that caused him to charge Moore, but also there was sufficient evidence against the accused.

Moore was jointly charged with Atiba Bess, 16, for Clouden’s death. Clouden was shot in the head on December 8, 2008, while standing near the public road in the company of two men. Bess was, however, committed to stand trial before a judge and jury in the High Court.

On November 4 and 5, 2009, less than 24 hours apart, three men walked away from the High Court, acquitted of separate murder charges. The first two were Rodney Roberts, 19, and Jason Henry, 25. Both men were accused of the triple murder of Reuben Small, 22, of Lowmans Hill, Javon “John Wayne” Antoine, 20, of Layou, and Ralson Omoro Bowens, 21, on August 9, 2007.

In that case, presiding judge Gertel Thom chided the police and prosecution for not bringing evidence to the court to show that no phone calls were made to any of the accused’s phones on that day. Both men, in their evidence, told the court that they were nowhere on the scene and they received phones calls stating what had happen to the men.

The following day, on November 5, Danny “Youth-I” Williams was also freed of the charge of murder of Odinga Collins on June 16, 2007, just outside the Spotlight Stadium in Georgetown.

Williams’ acquittal came shortly after the main prosecution witness did not turn up in court. He was said to be an eyewitness who allegedly linked Williams to the crime. The prosecution explained to the court that they could not locate the witness and there was a possibility that he might have left the jurisdiction. As a result, the matter was dismissed and the jury was instructed to return a not guilty verdict against Williams.

The last person to be convicted of murder here was Patrick Lovelace on July 15, 2009, at the High Court. Lovelace was convicted a second time in less than five years for the 2002 murder of young pannist, Lokisha Nanton of Sion Hill.(KW)