Judge overrules prosecution’s decision in murder case

A judge last week overruled a decision by the prosecution that there was no case to answer for four men charged with murder.

Defence lawyers had made no case submissions after the Crown closed its case.

The lawyers argued that the identification evidence given by the sole eyewitness was weak and there were fundamental discrepancies in the statements given by the witness at the preliminary enquiry and in the evidence so the men should be freed.

Following the no-case submissions by defence lawyers Hensley Williams, Horace Gray and Oswest Senior-Smith, the prosecutors conceded that there was no case to answer for murder but one of the men had a case to answer for wounding with intent.

However, the judge, in making his ruling in the absence of the jury, said he did not agree with the prosecution and ruled that there was a case for all four accused to answer for both charges.

The accused, Jeffroy Davis, 31, Obafemi Hyman, 31, Donovan Munroe, 26, and Christopher Mason, 48, gave unsworn statements denying that they murdered William McLean on the night of October 2, 2011, in White Hall district, St Thomas.

They also denied wounding the witness.

The witness had testified at the trial that Hyman pointed a gun at him while the other men chopped the deceased.

He said after they chopped the deceased, Mason chopped him in his head and that he was hospitalised in an unconscious state for several weeks.

Under cross-examination, the witness was shown his deposition at the preliminary enquiry in 2015 where he stated that he was in front and got chopped first.

He fell unconscious after he got the chop and knew nothing after that.

He woke up in hospital several weeks later.

He was asked by the defence lawyers to explain the different versions in his testimony in court and at the preliminary enquiry and he said “mi nuh think mi head did good.”

In his testimony in court, he said he was able to see the nozzle and handle of the gun.

But, under cross-examination, it was pointed out to him that he had said in his statements to the police and in his deposition at the preliminary enquiry that he did not see the gun because the lighting in his yard was dull.

A six-member jury retired last week Friday and freed Davis and Hyman who were represented by attorneys-at-law Oswest Senior-Smith and Horace Gray.

The jury found Munroe and Mason guilty of murder.

Mason was also found guilty of wounding with intent.

A seven-member jury was empanelled to try the case in the St Thomas Circuit Court but after the second day, one of the jurors was unavailable.

Justice Courtney Daye will sentence Munroe and Mason on February 3.

- Barbara Gayle

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