Policewoman freed of shooting inside St Thomas bakery due to absent CCTV footage

District Constable Nicola Williams, who is attached to the Morant Bay Police Station in St Thomas, has been freed of a charge of unlawful wounding after the court was told that video footage of the incident could not be found.

Williams was accused of shooting Ricardo Burke, who was reported to be of unsound mind, on November 17, 2018, inside a bakery in Morant Bay, St Thomas.

Attorney-at-law Hensley Williams, who represented the woman, said today that the video footage was necessary to prove that his client did not act in a lawful manner but in self-defence.

After witnesses had testified at the trial in the St Thomas Parish Court, lawyers from the Independent Commission of Investigations (INDECOM) on Tuesday offered no evidence against Williams after announcing that the video footage could not be found. 

The lawyers were granted a fiat from the Director of Public Prosecutions Paula Llewellyn to prosecute the case.

The allegations were that Burke, who was the complainant, entered the bakery in Morant Bay and began to terrorise the customers. 

Williams, who was a customer, used hot pepper sauce from a bottle to spray him to prevent him from attacking persons inside the establishment. 

It was further alleged that Burke went towards Williams as if he wanted to disarm her. 

She fired a shot in the air but Burke continued advancing towards Williams, who then fired a shot towards his foot and he was injured in the left thigh.

The matter was reported to INDECOM and its investigators visited the scene and took possession of CCTV footage from the bakery. 

Statements were collected and files were submitted to the DPP, who ruled that Williams should be charged.

One of the witnesses said he was present and saw Burke harassing customers and grabbing at Williams as if he wanted to disarm her. 

The policewoman fired a shot and the man ducked. 

She pointed the gun downwards and fired a second shot and Burke ran off and fell in the middle of the road.

When cross-examined, he said he was taking no further part in the proceedings and was answering no further questions. 

Despite the instructions from Parish Judge Tracy-Ann Robinson to answer questions, the witness refused.

Under cross-examination, the owner of the bakery said he was not present when investigators extracted the footage. 

He said he could not say whether the video footage that INDECOM investigators took from the bakery captured the entire incident or had any omissions.

The lawyers prosecuting the case then told the court on the second day of the trial that they could not find the video footage of the incident and offered no further evidence.

- Barbara Gayle

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