‘I did not see’

Agriculture Minister Floyd Green yesterday admitted in the Home Circuit Court that, while he witnessed parts of a 2013 police operation along Acadia Drive, St Andrew, he did not see the actual killing of three men during the incident.

During cross examination, Green, the key prosecution witness in the murder trial of six policemen, also acknowledged that he did not see what had occurred before going to his window after hearing a single shot.

The January 21, 2013, operation resulted in the deaths of Matthew Lee, Mark Allen, and Ucliffe Dyer.

The witness, who testified that he observed the incident from his third-floor apartment, told the court he had a partial view of the events as they unfolded on the street below. He said that after hearing a single gunshot, he looked through his window and saw a man exiting an Outlander Mitsubishi with his hand raised before running and jumping over a wall.

Green said two policemen pursued the man, one of whom appeared to be firing at him. He added that when he looked back at the road, a Kingfish police vehicle had pulled up, and he saw a man in a white shirt sitting in the road near the Outlander, with what appeared to be blood on his chest. Two policemen had a firearm pointed at him.

He also recalled another man, of Indian descent, who was dragged from a car and later seen lying lifeless on the sidewalk. Green said he witnessed a man in a beige shirt with a police vest exit the Kingfish vehicle and fire in the direction of the man in the white shirt, who, by that time, appeared already dead.

However Green admitted during cross-examination by attorney-at-law Linda Wright-Ashley, who represents constables Andrew Smith and Sheldon Richards. that he did not see how the man in the white T-shirt fell to the ground.

He also said, in relation to the two other men, “I did not see when he was shot”.

Green told the court that from his elevated position, he could see the man in the white shirt near the back of the Outlander, almost in the middle of the roadway, with his back turned toward him. Asked how he could observe what appeared to be blood spreading across the man’s chest while he was lying down, Green explained, “I was looking down.”

He also said he had not included this detail in his statement to the Independent Commission of Investigations (INDECOM) because it was the first time he was being asked.

According to Green, two policemen were positioned at different points, one closer to the sidewalk and another more toward the road, and both had their firearms aimed in the direction of the man in the white T-shirt. He maintained that neither policeman obstructed his view.

Regarding the man in the red shirt, Green said he did not lose sight of him during the chase.

Green also told the court that he said he did not hear any of the three men speak to the police but recalled hearing a police officer shout, “Drop the gun, boy”.

He however said the man of Indian descent appeared to be gesticulating as if he was speaking.

During cross-examination, Green was repeatedly pressed on his estimates of distance and visibility, including the width of Acadia Drive and the distance from his apartment to the scene. He emphasised that all measurements were approximations and reminded the court that he had been viewing the events from about 30 feet above ground.

Before ending a five-day cross-examination by defence attorney Hugh Wildman, who represents Corporal Donovan Fullerton and Constable Orandy Rose, Green admitted that he had not witnessed what happened before hearing the first shot.

“So, gunmen in a car approaching the police before you heard the shot; you would not have seen that?” Wildman asked.

“I could not have seen that,” Green responded.

Wildman also questioned Green about his decision to send an anonymous letter to INDECOM. Green said he expected the agency to investigate, but did not know how the matter would conclude.

“I have shared what I have seen. That doesn’t mean that that will be a case. INDECOM would then have to investigate,” he said.

“Oh, that’s an interesting answer,” Wildman replied. “And you know why you don’t sure if it would be a case? Because what took place at the corner of Acadia and Evans Avenue was a shootout between those criminals and these policemen doing their lawful duty.”

“That’s not why I’m not sure it would be a case. I’m not sure it would be a case because one witness doesn’t necessarily make a case. We know this in law,” Green responded.

Wildman then told Green that he was a discredited witness.

“Nothing like that,” Green said firmly. “One thing I’m sure of is that I’m a credible witness.”

Meanwhile, attorney John Jacobs, representing Simroy Mott and Anthony Armstrong, questioned Green about whether he contacted INDECOM on the day of the incident. Green said he did not recall making any such call and denied placing a call at 12:12 midday, despite being shown documents.

Jacobs is expected to continue his cross-examination on Wednesday when the trial resumes.

The six policemen on trial — Sergeant Simroy Mott, Constable Richard Lynch, Fullerton, Smith, Richards and Rose — face charges in connection with the fatal shooting during the January 12, 2013, operation.

tanesha.mundle@gleanerjm.com