Clarendon bloodbath #2

[Q3210]

Re: Clarendon bloodbath #2

So far the evidence is pointing to the 5 defendants as the shottas in this shooting murder trial.
Will there be beyond a reasonable doubt that the murdereres are those in the defendants dock in court?
If not, aquittal is the way it usually goes in Jamaica.
However, it is very very rare to have testimony from witnesses living abroad and under protection in a murder trial of this propensity.

[RichD]

Re: Clarendon bloodbath #2

Originally posted by Q3210:
[qb] Crawle in a blue and white Toyota Hiace bus driven by his immediate supervisor, Sergeant Que Facey.

[/qb]

so Q What yuh really know bout dis? [img]/forums/images/graemlins/704555_dwl.gif[/img]

[Sinco01]

Re: Clarendon bloodbath #2

[img]/forums/images/graemlins/704555_dwl.gif[/img]


si it deh .. fess up Q [img]/forums/images/graemlins/wink.gif[/img]

only JA.commer wi kno

[img]/forums/images/graemlins/704555_dwl.gif[/img]

[Sinco01]

Re: Clarendon bloodbath #2

KRAAL TRIAL: DAY 18 - Pathologist says injuries not typical of shoot-out
published: Thursday | November 24, 2005

Barbara Gayle, Staff Reporter


A FORENSIC pathologist from Northern Ireland testified yesterday that it was his opinion that the injuries sustained by the four civilians at Kraal, Clarendon on May 7, 2003 were not typical of the injuries one would expect to find during a "so-called" shoot-out.

Professor Jack Crane said the injuries, in his opinion, were more consistent with the deceased having been shot in a controlled way.

He was testifying at the trial of Senior Superintendent Reneto Adams and five other policemen charged with the murder of four civilians at Kraal, Clarendon, on May 7, 2003.

SSP Adams had reported to Police Control on the evening of May 7, 2003, that they went to Kraal in search of Bashington Douglas, otherwise called 'Chen Chen' and 'Shortman', when they came under fire and returned the fire.

Professor Crane admitted under cross-examination by defence lawyer Deborah Martin that his testimony was an interpretation based on the interpretation of professor Derrick Pounder, a doctor and professor of forensic medicine at Dundee University in Scotland, who observed the autopsies.

He admitted under cross-examination by defence lawyer Oswest Senior-Smith that had he been present at the autopsies, his conclusion may or may not be otherwise.

Earlier in his evidence in chief, in the Home Circuit Court, Professor Crane was shown a body map prepared by Professor Pounder, and he described the injuries to the bodies and the path of the bullets. He said there was the possibility Angella Richards and Kirk Gordon were shot while lying on the floor or ground.

TRACE LEVELS OF GUNPOWDER

Government analyst Marcia Dunbar said she received nine labelled envelopes and transparent plastic bags with swabs which were taken from the four deceased and five of the policemen on trial. She conducted tests and analyses. She said she found trace levels of gunpowder residue on swabs from the palms of the deceased, Matthew James.

She explained that trace level indicated a small amount of gunshot residue and could result from a deposit of gunshot powder at a higher level, but with time and activity, such as washing, could be reduced. She said trace level could result from secondary transfer and explained that an individual who did not fire a gun could come in contact with a surface that had gunpowder residue.

[Sinco01]

Re: Clarendon bloodbath #2

KRAAL TRIAL: DAY 19 - Prosecution barred from submitting statements
published: Friday | November 25, 2005

Barbara Gayle, Staff Reporter

THE PROSECUTION failed in its bid yesterday to tender into evidence statements which Senior Superintendent Reneto Adams and the five other policemen charged with murder had given in 2003 about the controversial shooting at Kraal, Clarendon.

"My ruling is that in the interest of justice, these statements must be excluded under the circumstances," Chief Justice Lensley Wolfe said after lengthy submissions from the defence and the prosecution.

Prosecutor Terrence Williams had sought to tender the statements through retired Assistant Commissioner of Police, Osbourne Dyer, who was testifying at the trial of the six policemen charged with the murder of four civilians at Kraal on May 7, 2003.

SUPERVISING INVESTIGATIONS

Dyer testified in the Home Circuit Court that, while he was still a police officer, he got an assignment from then Commissioner of Police Francis Forbes to supervise investigations into the fatal shootings of the civilians. He spoke to SSP Adams and requested statements from him and other members involved in the fatal shootings.

He said he advised the accused men, when he requested the statements, that they were not obliged to give the statements.

When Dyer was shown the statements from the policemen, the Chief Justice said Mr. Williams would have to satisfy him that the accused waived their privilege and the lawyers had permission to hand them over.

Mr. Williams argued that the lawyer and client privilege did not arise because the statements were intended to be handed over to the investigator.

The defence lawyers objected to the statements being tendered into evidence, and pointed out that when the policemen gave the statements, they were not told they were suspects in the case and if they were, then they should have been cautioned before they gave the statements.

SANCTIONS WOULD FLOW

Attorney-at-law Deborah Martin stressed that the statements were only intended for the purpose of departmental investigation, and if the policemen did not give the statements when requested, certain sanctions would flow based on the rules of the police force.

Dyer said under cross-examination by K. Churchill Neita, Q.C., that Adams was a hardworking and courageous crime fighter, who was willing to go the extra mile to fight crime. He said 'Chen Chen', whose real name was Bashington Douglas, and another man called Robert Miller, were placed on identification parades in connection with the Kraal incident and were identified by police officers, including the accused men. He said he had seen warrants for Douglas which were for murder and others for shooting with intent and illegal possession of firearm. Dyer said he was not aware that there were now no charges pending against Douglas.

[mountaingal]

Re: Clarendon bloodbath #2

[ QUOTE ]
Most people in Jamaica and of Jamaican background have still not been able to face up and deal with the truth about our Country, the repressive nature of our State Agencies the un-civil war we call politics in Jamaica.

Even when they are free of the Island their mentality is one of continued self-denial.


[/ QUOTE ]

sometime, emphasize sometime, a lickle self denial helps sanity and survival. continual despair can be hard.

[Sinco01]

Re: Clarendon bloodbath #2

Fri Nov 25, 2005
DCP Shields takes witness stand in Kraal trial


DCP Mark Shields

Deputy Commissioner of Police Mark Shields took the witness stand in the Kraal trial Friday to a hostile reception from defence attorneys.

They accused him of offering bribes to police witnesses and acting in an improper manner during his probe of the shooting.

The Deputy Commissioner, who was seconded from Scotland Yard to head the Kraal investigation in 2003, was called to the stand by the prosecution to identify pictures of the house in Kraal where the four persons were killed.

DCP Shields was bombarded by the defence which accused him of charging two of the policemen who refused to accept his bribes to give statements against Senior Superintendent Reneto Adams.

Under cross examination DCP Shields admitted that he met with one of the accused policemen, Constable Lenford Gordon and gave him an option to become a prosecution witness or to be charged.

DCP Shields said he told constable Gordon that he was in deep trouble and would get a long prison sentence if he did not agree to testify against them.

He however denied the allegations from the defence lawyers that he had prepared a written statement to the constable to indicate how his statement should be worded.

DCP Shields also denied that he offered constable Gordon money and an opportunity to live in the United States, Canada or London if he co-operated.

The Deputy Commissioner also rejected the prosecution's claim that a similar offer was made to four other policemen who are now testifying against their colleagues.

DCP Shields also admitted that he secretly recorded a telephone conversation which SSP Adams had with a member of the disbanded Crime Management Unit who is now a prosecution witness.

[Sinco01]

Re: Clarendon bloodbath #2

KRAAL TRIAL: DAY 20 - Gov't ballistics expert describes bullet holes
published: Tuesday | November 29, 2005

Barbara Gayle, Staff Reporter

GOVERNMENT BALLISTICS expert Daniel Wray testified yesterday that when he visited the crime scene at Kraal, Clarendon, he saw 12 bullet holes in the front door.

He said he formed the opinion that 10 shots were fired from outside, while the other two were fired from inside out.

He was giving evidence in the Home Circuit Court at the trial of Senior Superintendent Reneto Adams and the other five policemen charged with the murder of four civilians at Kraal on May 7, 2003.

MEDIA WARNED

Chief Justice Lensley Wolfe yesterday warned the media that they would be excluded from the trial if there were any further inaccurate reports in relation to the trial.

Wray, a retired assistant commissioner of police, said he visited the scene and made notes and observations. He described numerous bullet holes he saw at the house.

He said 10 of the holes were made from 5.56mm size bullets and the holes were in the direction of outside towards inside and went through what could have been a closed door.

He said he saw two holes of 7.62 mm size and those were made from inside the house towards the outside. He said he formed the opinion that those two holes could have been made by bullets fired from a 7.62 firearm the same calibre as the .308.

The 10 bullet holes in the door could have been made by a 5.56mm colt M-16 rifle, Wray said. He told the court that a .308 Winchester rifle was equivalent to a 7.62mm NATO rifle.

He said he examined a breadfruit tree in the yard and noticed that there was a 'track' across the trunk which was consistent with a bullet 'tracing'.

When asked the size of the bullet track, he said it was larger than the M-16, so it could be of the 7.62 calibre.

He said further that his opinion in relation to the track was that the height of the track (on the breadfruit tree) was consistent with the two holes through the front door of the room.

FIRED RECENTLY

On being shown a Winchester Rifle which policemen from the scene of crime unit found inside the house, Wray said he conducted tests on the Winchester rifle and the tests indicated that it was fired recently and could have been fired on May 7, 2003.

Detective Sgt. Calbert Davis said he went to Kraal about 9:20 p.m. on May 7, 2003.

He said Adams told him that he received information that gunmen were at a particular premises waiting to kill white men who were working at the gold mine.

Adams said when he and his team proceeded to the premises they shouted 'police' and were greeted with gunshots from the house. Adams said they returned the fire and about six men were seen running to the rear of the premises.

[Sinco01]

Re: Clarendon bloodbath #2

KRAAL TRIAL: DAY 21 - Scotland Yard report differs from expert's
published: Wednesday | November 30, 2005

Barbara Gayle, Staff Reporter

A FORENSIC scientist from New Scotland Yard has submitted a report whose findings differed from those of Government ballistics expert Daniel Wray.

This was in relation to tests conducted on firearms in connection to the Kraal case.

Yesterday Wray testified in the Home Circuit Court that the fragments of bullets recovered from the bodies of three of the four civilians at Kraal, Clarendon, came from an M-16 rifle. The rifle was handed to Wray by a policeman from the Bureau of Special Investigation. The M-16 rifle is an exhibit in court.

During cross-examination yesterday, defence lawyer Valerie Neita-Robertson showed Wray a section of a report from Mark Mastaglio of the Metropolitan Police Forensic Service at Scotland Yard.

RESULT INCONCLUSIVE

After reading the report, he was asked if Mastaglio believed his result was "inconclusive as it was not possible to determine which of the six guns from which the test fired bullets were derived had discharged the fragments", and Wray said he saw that in the report.

It was suggested to Wray that the fragments were in such a condition that his result would be inconclusive in relation to the M-16 rifle and he said that was not his opinion.

Wray said he examined a .45 pistol and M-16 rifle and came to the conclusion that they could not have been fired during the shooting incident at Kraal on May 7, 2003.

Evidence was given in court that these weapons were assigned to Senior Superintendent Reneto Adams.

Wray said he carried out tests on the 9mm Taurus semi-automatic pistol found at the crime scene at Kraal could have been fired on May 7, 2003.

Robin Keely, a senior forensic scientist from the United Kingdom, said he conducted tests on the clothes of the four deceased and found firearm discharge residue on them. He concluded that some of the victims must have been shot within close range and that was within a distance of two or three metres.

The Crown is alleging at the trial of SSP Adams and five other policemen that they were not acting in self-defence when the four civilians were fatally shot at Kraal

[Sinco01]

Re: Clarendon bloodbath #2

KRAAL TRIAL: DAY 23 - Defence cuts Pusey's testimony
published: Thursday | December 1, 2005

Barbara Gayle, Staff Reporter

STRONG OBJECTIONS from defence lawyers yesterday prevented Senior Superintendent of Police Donald Pusey from disclosing what he heard East Kingston businessman Danhai Williams saying on his cellular phone on the evening of May 7, 2003.

Pusey was testifying at the trial of Senior Superintendent Reneto Adams and the other five policemen charged with the murder of four civilians at Kraal, Clarendon, on May 7, 2003.

He said he was the commanding officer of the Special Anti-Crime Task Force and, while he was at his office on the evening of May 7, 2003, Danhai Williams came to him. He was speaking to Williams when his (Williams) phone ran and Williams walked a few metres away from him.

"There was an inaudible conversation and I heard him saying...," SSP Pusey told the court before being cut off by objections from defence lawyer Valerie Neita-Robertson.

She argued that what Pusey was about to say was not said in the presence and hearing of the accused. She further argued that it had no probative value because Pusey did not know who was the other person on the telephone.

Prosecutor Terrence Williams said there was already evidence before the court by Officer Brown, about going to a certain premises (in east Kingston on May 7, 2003), but the Chief Justice said that had nothing to do with the premises to which Brown went.

When Mr. Williams asked for the jury to be sent out the Chief Justice said: "I don't see what you are saying in the absence of the jury that can make any difference because, what happened at the other place, there is no way he can say who Danhai Williams was talking to."

The Chief Justice then remarked that the logical sequence must be followed in calling witnesses.

FURTHER EXAMINED

Submissions were made in the absence of the jury and the witness and, on resumption, Pusey was further examined. He said he did not have any report of Constable Donovan Thompson being involved with the 'One Order' gang. He said there was a first aid policy in regards to injured people during a shoot-out and it was that the injured must be taken immediately to hospital.

Cross-examined by defence lawyer K. Churchill Neita, Q.C., he said Sgt. Que Facey told him that four people were killed at Kraal and two firearms were seized.

Cross-examined by Mrs. Neita-Robertson, he said Williams visited him at his office about 7:30 p.m. on May 7, 2003 and the conversation lasted 10 to 15 minutes

[Magnum]

Re: Clarendon bloodbath #2

Thank you again for so very much for keeping me abreast of the news reports of the trial. I seriously appreciate you kind work.

Respect!
Magmum.

[Sinco01]

Re: Clarendon bloodbath #2

KRAAL TRIAL: DAY 24 - Defence leaves phone records in the dark
published: Friday | December 2, 2005

Barbara Gayle, Staff Reporter

CHIEF JUSTICE Lensley Wolfe yesterday upheld objections made by defence lawyers in relation to a particular phone record which the prosecution was seeking to put into evidence.

He said he was not going to expose the jury to evidence that he might have to tell them to discard from their minds.

The lawyers objected when prosecutors were in the process of applying to put in evidence phone records in respect to calls made to and from a particular phone number on May 7, 2003.

CART BEFORE THE HORSE

The Chief Justice described the exercise as "putting the cart before the horse" and said he was not going to allow the evidence in the hope it became relevant when the other witness came to court.

Senior Deputy Director of Public Prosecutions, David Fraser, said it was not possible to have the relevant evidence yesterday afternoon.

The objections were raised while Systems Administrator Howard Mais, from Cable and Wireless, was testifying in the Home Circuit Court at the murder trial of Senior Superintendent Reneto Adams and the other five policemen charged with the murder of four civilians at Kraal, Clarendon, on May 7, 2003.

Mais said that on May 2004, Earl Smith, head of the Investigations Department at Cable and Wireless, had asked him to access company records in relation to a particular telephone number and that he extracted the number from the archives.

One witness from Digicel and two witnesses from Cable and Wireless were bound over to return to court on Monday.

SHOT FIRED AT FARMER

Adrian Fearon, a farmer from Kraal, testified that about 5:20 p.m. on May 7, he was at the house of Bashington Douglas otherwise called 'Chen Chen' and 'Shortman' and the now deceased Angella Richards. He said Douglas and other persons were at the house at that time. He said a bus drove up and "jam brake" at the gate. A man with a long gun jumped out of the bus and fired a shot at him. Fearon said he started to run towards the gully and while running shots were being fired at him.

Fearon admitted under cross-examination by attorney-at-law Jacqueline Samuels-Brown that he gave a statement to the police on May 15, 2003, in which he said he saw a man hurriedly leave the bus and started walking towards the house.

He denied suggestions from defence lawyer Oswest Senior-Smith that, on the very night of the shooting incident, he told 'Chen Chen' that he could only fire one shot because the gun fell from his hand. He also denied that 'Chen Chen' responded that only two shots were in the gun so he had to fire the two shots and run.

[remo]

Re: Clarendon bloodbath #2

A juss me or is de eye witness testimony a get more an more confusing? [img]/forums/images/graemlins/confused.gif[/img]

[neutral]

Re: Clarendon bloodbath #2

[ QUOTE ]
A juss me or is de eye witness testimony a get more an more confusing? [img]/forums/images/graemlins/confused.gif[/img]

[/ QUOTE ]

You would have thought that on such a life or death occasion people would remember exactly the course of events,and to be able to clearly recall how they managed to survive whilst others didnt.

Either these witnesses are unreliable or the defense lawyers are very good at what they do.

[Sinco01]

Re: Clarendon bloodbath #2




Danhai fails to show
Court rejects bid to have statement of East Kingston businessman admitted
Observer Reporter
Thursday, December 08, 2005



WILLIAMS. was expected to give evidence supporting the purported planting by Adams of a gun
CHIEF Justice Lensley Wolfe yesterday rejected a prosecution attempt to have a statement by Danhai Williams adduced at the Crawle murder case in the face of Williams' failure to turn up to take the witness stand.

It took more than two-and-half hours of legal argument, in the absence of the jury, before Wolfe made his ruling, agreeing with defence attorneys that allowing Williams' statement to be read into the records would be a breach of the Evidence Act.

Williams was expected to be a prosecution witness in the case in which Senior Superintendent Reneto Adams and five other cops are being tried for the murder of four people in May 2003, at the village of Crawle, in Jamaica's south-central parish of Clarendon. Two of the victims of the Crawle killings were women, who police said died in a gun battle between cops and criminals.

Williams, a controversial business and political activist based in East Kingston, was expected to give evidence supporting the purported planting by Adams of a gun - collected by cohorts at an East Kingston premises - at the death scene.

But Williams - for whom a Kingston magistrate issued an arrest warrant last week for breaching the terms of his bail in a separate corruption case - did not appear in court yesterday.

"The witness listed on the back of the indictment as number 36 (Williams) to testify today did not come my lord," prosecutor Terrence Williams, told Williams yesterday. ". I wish to make certain submissions regarding the Evidence Act section 31 (D) but maybe this could be done in the absence of the jury."

Defence attorneys - one of whom, Jacqueline Samuels-Brown, ironically appeared for Williams at the time of his October 2003, arrest for allegedly defrauding the Operation PRIDE shelter project of $450 million - immediately objected. Shortly afterwards, at 10:20 am Wolfe excused the jury from the courtroom for both sides to air the merits of their position.

In the end, the judge held that to allow the statement to be adduced would be prejudicial to the accused.

The name of the controversial Williams, who is an activist of the ruling People's National Party, had already twice figured in the trial, although on one occasion the effort to give evidence about him was aborted, while on the other the reference was brief.

Williams' name first came up in the proceedings on November 14, when a police constable, Tyrone Brown, testified that on the evening of the Crawle killings, he and another policeman drove to a premises in East Kingston, following two policemen who drove another car.

At the East Kingston premises, Brown said, he witnessed a man giving two policemen a gun, which they took to Crawle, stopping on the way to fire the weapon. At Crawle, Brown testified, he saw Adams place the gun on the floor in the area where the victims were lying.

Brown at the time was asked if he knew Williams and replied 'yes'.

Subsequently, the head of the Special Anti-Crime Task Force (SACTF), Superintendent Donald Pusey, testified that Williams came to see him on the same evening of the shooting and that he overheard part of a mobile phone conversation Williams had after answering his phone.

"There was an inaudible conversation and I heard him say something about Taurus..." Pusey said, before he was stopped by defence objections.

It was expected that Williams would have been asked about this alleged conversation and perhaps about Brown's testimony. But apparently neither police investigators nor bailiffs have been able to find Williams to deliver a subpoena.

Williams has also made himself scarce at police stations - particularly the one at Allman Town, near East Kingston, where he is to report on Wednesdays and Saturdays as a condition of his bail in the corruption case.

On December 1, frustrated cops told a magistrate in the Half-Way-Tree Criminal Court that Williams had not kept his twice-weekly appointments at Allman Town since October 21, causing the magistrate to issue the warrant for his detention. Williams also did not attend court on October 19, the last time his fraud case was mentioned.

In other developments in the Crawle case yesterday, police forensic expert Daniel Wray, who testified last week, was recalled to the witness stand by the defence. The defence said they wanted him to clarify evidence he had given about an envelope received from Vivian Richards. But Wolfe explained that he had already given that evidence and it was not necessary to call him again.

Wolfe ordered the defence to apologise to Wray.
In other matters, the prosecution said they would not require two witnesses - Earl Smith and Howard Mais of Cable and Wireless. Their testimony was contingent on Danhai Williams' testimony.

Richard Mcfarlane of Digicel, who continued his evidence from last week, testified about accessing a series of cellular phone numbers. He said phone number 399-2788 was attributed to Adams. He also testified of accessing other phone numbers which he attributed to Pusey, witness Dennis Ballen, Michael Murray and deputy superintendent Easy Scott.

The calls were made between April and May, 2003.
The trial continues today.