The second coming and gay rights

Approximately 35 independent nations of the Americas are to meet in Panama between April 10 and 11, 2015 for the summit of the Americas – a coming together based on the concepts of democracy and free trade. Cuba will be present for the first time – a history making moment.

America’s 44th President and Leader of the free world, Barack Obama is scheduled to be in Panama for the summit. He makes a three hour or so stop in Jamaica en route to Panama. This is only the second time since independence in 1962 that a sitting President of the United States will visit Jamaica. The late, Ronald Reagan came in 1982 when Edward Seaga was Prime Minister.

Political vulgarity and contempt for the people of Jamaica is on display. Several persons have reportedly seen and photographed road patching exercises taking place at night. Obama’s official caravan cannot fall into a pothole. The citizens must however suffer damage to front end and great inconvenience of road patching by day if money is found to do the work.

No politician resists making a promise that cannot be kept. Leaders especially during the period leading up to an election are wont to spew chocolate promises to a gullible electorate. These promises are often without much thought as to whether the promise makes sense, whether it can be fulfilled and whether there is any intention of fulfilling it.

In the debates leading up to the 2011 general elections, Portia Simpson Miller in her bid to appease the gay community, promised that she would bring the provisions under the Offences Against the Person Act which criminalize sex between consenting adults of the same sex to the parliament for a conscience vote.

Speaking in the debates she said – “our administration believes in protecting the human rights of all Jamaica. No one should be discriminated against because of their sexual orientation. Government should provide the protection and I think we should have a look at buggery law and that Members of Parliament should be given the opportunity to vote with their conscience on consultation with their constituents…”

No timeline was given for this promise to be kept. But the Jamaica Labour Party, JLP, having demonstrated that no government has any inherent right to two terms, they having been booted from office after one term, there was expectation – at least on my part – that action would be taken by Prime Minister Simpson Miller to bring the offensive statute to parliament for a conscience vote – in this term in office.

Note – there was no promise for a change in the law but for the law to be brought to parliament for a discussion and a conscience vote. With one year to go before general elections are constitutionally due, no move has been made to get to the bottom of the buggery matter. There seems to be some acceptance that since gays are not being killed or beaten daily then there should be comfort in leaving the matter where it is at.

The Prime Minister demonstrated her intention not to move on her promise when confronted by gay rights activist in New York.

This was her response to the heckling – “nobody ever hear the government of Jamaica beating up gays – not one. SO, let me tell you something, you want to disturb you can disturb but this woman come here with the blood of Nanny of the Maroon, the spirit of Marcus Mosiah Garvey and this woman is not afraid of no man nowhere everywhere and I will speak the truth everywhere”.

She refused to accept their right to speak and to lobby freely for decriminalization of buggery in Jamaica however offensive their manner by resorting to her old tirade of telling them she is not afraid of any of them – no man, no woman, no where – she is prepared to fight and she is prepared to disregard the right of those who also wish to fight.

I hope for the sake of minorities the world over that the gay rights activists refuse to back down. I hope they picket every and any venue in which the Prime Minister or any other person who has made an unfulfilled promise to the electorate speaks. I hope they are not prepared to resile from their positions especially since the electorate in Jamaica has long lost its fire.

It takes great courage keeping one’s mouth shut especially when the stakes are high.

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Constitution vs skulduggery

Edward Seaga, the sole surviving constitutional crafter  in his usual candor declares that Andrew Holness, Leader of the Opposition should go to the Privy Council for a proper ruling on the undated resignation letters debacle.

He finds backbone for his assertion (which is without much company now) in his view that the framers of the constitution contemplated that the Senate groups would vote en bloc and therefore provide a fetter for government power when necessary. He says further that no independent thought is contemplated by any single senator. All thoughts and votes especially should be in line with the party position – forget freedom of conscience.

Incidentally these arguments are not new. They were put to the Court of Appeal by Mrs. Gibson-Henlin, one of the lawyers for Andrew Holness.  The court summarizes her submissions thus – “Mrs Gibson-Henlin contended that appointments to the senate are based on partisan representation. In this context, it is artificial to speak of the independence of the senate in a vacuum. This was so because a strong cohesive opposition is required in the senate for veto purposes”.

Her submission was not left unanswered. The Honourable Mr. Justice Panton, President of the Court of Appeal answers the submissions in this way – “it may be in the minds of some persons a good political argument but it does not help in determining the validity of the letters in questions”.

The Senate, Justice Panton says “is a very important part of the machinery in this country. The constitution makes it so. Good governance requires mature deliberation on legislative measures. Each senator is expected to give conscientious thought to every topic that comes before the senate for discussion and vote. Every member of the senate takes an oath to be faithful and bear true allegiance to Jamaica, to uphold and defend the constitution and the laws of the Jamaica and to conscientiously and impartially discharge his or her responsibilities to the people of Jamaica”.

The President declares further “the responsibilities are to the people of Jamaica not to an individual not to a club group or section of Jamaica. In view of that oath, it would be against the spirit of the constitution if one were to bind one’s conscience otherwise”.

Whatever the political machinations of legislators happen to be, they have a duty to the people they serve to ensure that they draft statute that when interpreted by the judiciary will have the meaning they intend. Their words must therefore be clear and precise so as to prevent ambiguity or confusion in interpretation. Nothing in any of the sections relevant to this discourse remotely allows for the interpretation Mr. Seaga has placed on the constitution and the role of the senate. As the learned President of the Court of Appeal says “that may be a fancy political argument but nothing more”.

That Mr. Seaga recalls that the intent of the legislators as communicated to the drafters was to have senators vote en bloc is not discernible from the clear wording of the constitution. Additionally I would not now place great reliance on Mr. Seaga’s memory as he has encouraged Mr. Holness to take the matter to the Privy Council when the said constitution provides that in matters of this nature, the decision of the Court of Appeal is final.

I have questioned as well whether if that is the understanding of leaders as to how the senate should operate then why would there be a need for any undated resignation letter? The various leaders could simply strongly impart that message to the people they select for recommendation to the Governor General.

Insecurity of the mind whether brought on by real or imagined or feared events or personalities can cause all kinds of schemes to be created or used. The creation and/or the need for the creation and use of undated letters of resignation by Andrew Holness is/are the product of insecurity of person. They were meant to keep all senators in terror and to make them excessively submissive to their nominator even if made no sense to do so.

These decisions by the constitutional court and the court of appeal should be hailed as a triumph of the constitution over political skulduggery.

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Unjustifiable NHT

Some of the greatest wrongs in this world are not deemed unlawful but are simply unjust and unjustifiable. They leave one with a sense of being violated and left exposed. Perhaps the best I have heard this put in a case against the treatment of workers by the Jamaica Flour Mills is thus – ‘the treatment of the workers showed man’s inhumanity to man’ – this is a case where the action of the Flour Mills was characterized by the Court of Appeal as unjustifiable.

Not all incidents would bring a feeling of this exact kind but the sense of injustice one feels is something very close to that.

In recent years, the National Housing Trust which was set up with a particular statutory mandate to provide housing for the poor has been the entity to which governments go without batting an eyelid as to whether withdrawing funds from it is within its mandate or not.

The first major draw down on the NHT was for $5 billion by P.J. Patterson – who in the face of public outcry said it was a one-off transaction. As I now recall, to regularize that transactions, the NHT Act was amended after the action of Patterson was done.

In 2012 or so, the country was told that the NHT would give up $11 billion yearly for the next 4 years to the government’s treasury so that payments could be made to the IMF. Again, the Simpson-Miller government made the announcement and then attempted to amend the law to reflect that intention. That $44 billion four year drawdown is now subject to a court challenge in the Supreme Court and is to be heard in May, 2015.

This recent purchase of property in Orange Grove by the NHT for purposes yet fully understood as positions change depending on whether one is hearing from the Board Chairman, Easton Douglas or the Prime Minister, has been an understandably contentious transaction.

The Chairman at a press conference in all his defiance says during the 38 year history of the NHT, the line Minister who happens to be the Prime Minister has never been informed about any transaction by the NHT.

Easton Douglas fails to mention and put into proper context all the circumstances that would cause this particulate deal to be different from all others – if indeed no reporting was done in the past:

(a) this is an awful lot of money to be drawn from the trust for purchase of property especially given the two mentioned above;
(b) the current business on the property at Orange Grove falls way outside the scope and mandate of the NHT;
(c) there is not even the slightest resemblance in what the NHT does and what Outameni, which occupied land at Orange Grove, is about;
(d) NHT had information or ought to have information on the projected financial viability of Orange Grove in light of its past dealings;
(e) All previous withdrawals from the NHT where the provision of housing has not been the focus HAVE been contentious – ALL.

That the NHT Board overlooked all of the above and bought the property for $180 million is a breach of their roles as fiduciaries. A fiduciary has a duty to exercise skill and care in its dealings. If the fiduciaries fail as I believe they did, then the Prime Minister as line Minister should not.

The Prime Minister has failed in:
(a) Failing to establish frequent and proper briefing by the Board on all matters touching the NHT especially one that had all the designs of being very contentious;
(b) Accepting and delivering to the people of Jamaica a script that made no sense and in which large chunks of it were out of line with previous statements by the Board Chairman;
(c) Having been informed of the improper transaction, the Prime Minister instructed the Board to explore; whether the costly purchase could be used for among other things -tourism venture – a purpose that falls way outside the NHT mandate;
(d) Being presented with a case of breach of duty by Board members at the highest level, she failed to appreciate that there was a breach and therefore failed to act appropriately and remove the Board;

Those actions are akin to the treatment of the workers of the Jamaica Flour Mills years ago – ‘unjustifiable’ – exacerbated because it is the Prime Minister who has failed her wider constituents opting instead to appease her political constituents.

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Dead body pose

September 3

It’s session 2 of my 30 day challenge.

The pain in my shoulder or some areas of my back lingers. I will not be stopped. The rewards I get from Bikram yoga are so great, it will take much more than this pain to stop me. At any rate, it is exactly matters like these I go to Bikram to work on.

I am there. As usual the room is full. There are 39 people rostered for the 30 day challenge. All 39 will compete for the same air – hot air. I am focused on every move. They take a lot of physical strength but greater mental strength is required. Rafa says ‘don’t think just do it’. We comply.

A back pain travels with me – the product of my adding 2 children to the world population. In all my Bikram yoga practice I am focusing on healing my back. When I started Bikram I struggled through some poses because of that pain. I could not move from shavasana (dead body pose) to a straight sit up. I did it my way – like a ripe old lady- but that is the only way I could. Now I can do the sit up with a minor adjustment of the legs – no pain. My hope is that at the end of the 30 day challenge I will be able to do that pose without making any adjustments. Already my back pain is ever so slight.

The practice is hard but it feels great. Sweat oozes from my back and face. Every piece of cloth or clothes on or near me is wet. I replenish with sips of coconut water plus another concoction I made. The poses are harder for me as I go deeper into them. I focus my mind as if I am preparing for the next Olympics. I have heard Rafa several times saying to others who don’t push enough ‘don’t waste your money and come to Bikram if you are not going to push’. I am pushing.

I lie on my back in shavasana and all I see and think about are the blades of the fan spinning above me for that short period of time. My mind is tabla rasa – blank. As I came into this world, so am I when I am in shavasana at Bikram Yoga. I feel I am getting there and I am doing all I can to stay there.

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‘Lock the knee’ – DAY 1

September 2
My first session of the 30 day challenge.

Today I consumed approximately 3 litres of just water to prepare my body for the challenge. I have started taking around with me a full bottle of 1.5 litres of water to ensure that I drink as much as that. I must re-hydrate properly as I lose so much water through sweating in Bikram yoga.

It’s 5:45 PM. I enter the large room at 17 Latham Avenue. The class is full. Approximately 30 people are in a room stretched out in 105 degrees waiting to kill the body so we can live fully again. Some are already sweating a lot. I never enter the room and remain for a long time before the class begins.

I like doing my yoga or general work out in the same place all the time. The slightest change in my position whether in yoga or at the gym can throw me off just a bit. I like my spot.I am territorial – I guess.

My water and coconut water are in place. I take no chances in not drinking enough. The first week of doing Bikram yoga, I had a scare. It was early one Sunday morning, I got up to use the bathroom and was slapped with unbearable vaginal pain followed by faint streaks of blood. The other details need not come here but I ended up in hospital the morning – kidney stones.

I had pushed my body in the heat and not drank enough to replenish my system. My kidneys rebelled and I suffered but – briefly. The doctors theorized that the stones were passed out by me hence the pain. Nothing showed up on the scan. I believe my system was out of sort before I started Bikram. I have interpreted that episode to mean that Bikram yoga will correct a lot that is out of alignment. I now ensure if nothing else goes into my system, water does.

The class is tough but I love the lessons it teaches. Determination, focus and balance. I can’t make a lot of the poses correctly. They take time – listening, breathing, focusing and pushing the body to the limit. Rafa beckons over his headset shouting ‘Emilee, lock the knee, lock the knee, lock the knee…’ ‘Emilee, no backward bending…’ I make the adjustments as best I can and I reap the rewards.

Rafa speaks many languages. His English is very good though he speaks it with a Spanish tilt. Spanish is his mother tongue. He teaches some classes and others are taught by his girlfriend, Kayla. They make a lovely couple I think. Other classes are done by Jamaica’s, Yolande Small.

It’s the end of day one for me. I feel a slight pain somewhere in my back, close to my shoulders but I am not really sure. I will not be daunted. I look forward to day 2. I feel good.

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My 30 day challenge

It’s September 1, 2014 – new beginnings.

My son turns all of 14! He returns to school. I plan to embark on one of the hardest challenges of my life – The 30 Challenge – Bikram Yoga!

Bikram Yoga is intense yoga in equally intense heat for 90 minutes. I am not practising for hell, I have no intentions of going there. I am seeking balance. Bikram Yoga uses 26 poses repeated twice during the 90 minute session to address all ‘maaly gripe and fluxxy complain’ – all ailments.

All my life I have believed in the power of exercise. I sleep better. I eat better and I just feel better when I am fitter. My fittest days are behind me. After 2 lovely children, I do not believe I can still collect a ball from outside the 18 yard box and slot it home. I certainly can’t leap nearly as far as I used to in the long jump pit. Neither can I elevate as high as I used to over the high jump bar.

I am now seeking a mental and physical high – a balance I now don’t have. Run down from the stresses of balancing home and a professional life I need a balance.

A few weeks ago, I pulled up at 17 Latham Avenue, Kingston – Bikram Yoga Jamaica. My sister and friend Paula had told me about this yoga in heat. I stayed up for hours doing some research on this thing…nothing I read prepared me for the challenge. That first day Rafael Veiga – ‘Rafa’ the instructor informed us to focus on just staying in the room for 90 minutes. That we did.

After that one class, I had my best sleep ever and I want to continue having that.

What I know for sure is that 3 weeks after my first class I am here for the 30 day challenge. This means I must do 30 straight sessions of yoga in approximately 105 degrees Fahrenheit! If I miss a day, I have the option of catching up by doing the double – one in the morning and the other in the evening.

September 1 – this is the day the challenge official starts. I cannot go. I am choosing to celebrate with my son his big 14 with family at home…I have to double up on the yoga at least one of the days.

Take the challenge with me!

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Part 3 – judge’s summing up-#KartelMurderTrial

Thursday, March 6, 2014

The afternoon session meanders. As the time slowly ticks by it appears the presiding judge in the trial of Vybz Kartel and his four co-accused may be overcome by either the length of the trial or something unknown. As he sums up to the eleven member jury, the summing up lacks structure and form. 

These are my verbatim notes. When I wish to include a note to better explain what is happening in the courtroom, my comments are bracketed.

The evidence of Onika Jackson.
She gave her age as 26. She says she was living together with Clive Lizard Williams for about 3/4 years. She knows he was called Lizard. He had no children. He was a part time worker at NWC where he laid pipes. The important part of her testimony is that she had not heard from Clive Williams from August 16, 2011. She hadn’t heard from him since. And it is important that on that date they were texting.

August 16, 2011 ( the judge never says two thousand eleven or twenty eleven but two zeerio one one) when she was leaving for work he was still asleep. He had to report to Waterford Police Station as he had a gun charge against him.

She said her cell number was 3824835 and his number was 5710021 and those are important because among text messages put into evidence by the prosecution is a series of text from those numbers. She said she had that number for about a year and no one else used it.
Her last text message was about 7:26 PM on the 16th.

She went on to say she knows his friends. She knew Wee and Shawn Storm to talk to and in fact she said she knew Shawn before Clive. Storm is stage name for Campbell.

In identifying Shawn, she said he worked with JUTC then he got a job as DJ. She knew Clive Lizard Williams’ family. She says he had sisters and two brothers. She knew Nadine is also Stephanie Brackenridge.

She said she is familiar with members of Portmore empire otherwise called Gaza family. They go to stage show and perform. Vybz Kartel, Storm, Black Rhino, Chin and some other associates.
(Judge pronounces Black Rhino – Black Reeno- to some laughter in court by those more familiar with the name)
Judge continues almost oblivious to the courtroom chuckle.

She mentions persons by name- Gaza Slim – that name you will recall from the  evidence of Superintendent Thompson to the effect that he received a report on October 29, two zeerio one one.
( judge again emphasizes the H in Thompson)

He received certain reports regarding an alleged case of robbery against Vanessa Saddler otherwise known as Gaza Slim and a suspect Clive Williams was named.

So this person who she identified as part of Gaza family made a report on October 29 that Clive Williams had held her up with a firearm. The important point is the that the officer says he gave instructions for investigations to be conducted and to collect statements from relatives of Clive Williams. Statements were recovered and he having received reports, he continued to look for the body of Clive Williams.

You didn’t hear anything further of this person – a member of the Gaza tribe about any robbery that Lizard would have been involved in subsequent to the 16th of August.

Miss Jackson further mentioned persons she knew. She said she knew VYbz Kartel as Teacha or Daddy. She knew him about a year before. She is 26 and Kartel, Mr. Palmer is 38 years old.

She said they would go to stage show. Up to August, (two zeerio one one) 2011. He laid pipes up to April of that year. Whenever permanent workers were unavailable, he would fill in.

Regarding August 16, she says they communicated by text messages. She was not allowed to use phone at work and she was in communication with Lizzie. But not only …you can well imagine she is 26 yrs old and she said they would communicate everyday and she never communicate with anyone else on the phone attributed to Lizard- 5710021.

She said ‘we would text everyday’. When she got home, he was not there. It’s not unusual for him not to be at home. She went to Rat Town, made inquiries of friends and received no information. No clothing of his was taken. They were all there. She said she was calling his phone again and got voice mail.

She said she never received any communication from him after the 16. She said that was unusual as they had a stable relationship. Despite communication from her through the night, there was no response. This is one of the circumstances the prosecution is putting to you saying he was dead. This lady he lived with and used to communicate everyday with and comes the 16 and no further word.

The Prosecution says when you put it in context of text messages he was sending during course of day, it strengthens, provides evidence of the death of Clive Williams because during course of the day Madam Foreman and  Your Members, ( judge flips through his notes here as if he as lost his train of thoughts. The courtroom waits and the judge then continues)… let me remind you what she said about the text

She told us about him not taking anything at all with him. You may wonder- if he’s going somewhere whether it is reasonable that he would come to retrieve some of his clothing. He took absolutely nothing from the room he shared with his girlfriend.  That room was owned by the accused Palmer.

She told us of efforts through the night to make contact with him which did not succeed. She says she last saw him August 16.
She was asked about Sunday, the 14 because Wee and his friend having received  some information were scared and frightened. The very next witness will say the condition.

His girlfriend says he was a bit worried from night before. She says normally he would go on the ends and that night he stayed in and he was not sick. She said she had not seen him back since the night. She spoke to Inspector Thomas and gave a statement and continued to make calls.

She was cross examined by Mr. Finson and she said she knew Stephanie Brackenridge. She says she spoke with his brother in law and confirmed that he was reporting at Waterford Police Station. The significance of this is that he may very well have absconded bail. She said there were occasions when she went to look at dead bodies. Remember DSP Thompson said she took her and Mrs. Brackenridge several times with a view to locating body of Clive Williams.

She was also cross examined by Mr. Lorne. She said she gave several statements to the Police. One was given on September 6. She describes Mr Campbell as a good friend of Clive Williams. She describes Mr. Campbell as a good friend of Clive Williams
( I am not sure why the judge repeated the last sentence. Was it for emphasis or catching his thoughts)
She knows that he worked at JUTC. This line says they are very good friends so why would he put him in harm’s way as the prosecution is contending.

The Prosecution says Storm is total betrayal as he took both men to Havendale knowing what the plan was that Palmer had instituted. So it’s a matter for you. On one hand the girlfriend says they were good friends. I had good relationship with Mr. Campbell in witness box.

Next witness
Stephanie Brackenridge.
Regarding the text messages Madam Foreman and your members, I will deal with those at a later time.

(Judge knocks his bench in an attempt to beckon to the registrar who sits immediately in front of his but lower down so that the judge cannot see him.  Knocking the bench is how the judge gets the registrar’s attention. The knock fails and the judge calls out for the Registrar. The registrar’s seat is empty.  The judge says he needs the list of text messages. It’s 2:40PM – there’s a brief pause then judge continues without the registrar)

The – I told you that Miss Jackson indicated they were texting each other through the day on the 16.
6:53PM message to Oneika – ‘baby, Teacha sen call me’ – prosecution says this is the summons.
Teacha as you very well think – the Witness says she calls the accused Palmer, Teacha. What she says is -‘What are you going to do babes’

Tom Tavares Finson rises with a quizzical look on his face and addresses the judge
Finson – ‘ my Lord, sorry to interrupt but – none of those were put the witness’
Judge – (says irritably) ‘Mr. Finson’

(Interruptions by attorney of a judge’s summing up are rear and should be done sparingly. Lawyers do so if and only if the judge is misquoting the evidence.Tavares Finson sits and the judge then justifies his use of text messages not put to the witness Onika Jackosn)

You recall that 3824835 was her number and her boyfriend’s was 5710021 and she’s known him to have that phone for about a year. The text I am reading to you is from the number she claims is her number to the number of her boyfriend, Clive Williams ( judge repeats the content of the text message)

6:50 he says ‘I am really scared baby pls call the police you have to save me’.

Now when you sit there use your common sense – one of the instruments you are supposed to use. Is this something he is making up or the urgency of the situation is forcing him to tell truth as it is unfolding.

Message from Onika is asking ‘just you alone’
Clive Williams says – ‘please call police for me. You have to do it now’

What does he consider to be so urgent. But you have to remember this man is no saint. He has been charged. He’s reporting to police. He has been with this family for some time. He lost a gun and this is his reaction. This is what he anticipates is going to happen.

‘Tell dem Vybz Kartel ago kill me pls Baby’.

Look at what is unfolding and ask is he making it up or is the stress of the situation bringing that out- because he knows the family. He knows what happens in those  situations

7:09 – ‘you haffi hurry up’
7:11 – ‘Shawn can’t save we. We in Needfa car a go up there’

The Shawn mentioned in the text, is this the accused Campbell? You recall evidence before you that this is a taxi that Campbell uses. This trip Campbell was in front and Chow and Clive Williams are in the back. Also recall Chow says whilst he was in Needfa car, he saw Lizard texting on his phone. His girlfriend’s response after he says ‘tell Nadine to call police and Ridge fast fast’. Ridge is the husband of his sister.

 So even beyond his girlfriend he’s extending call for help to his relatives.
7:16 – baby please call me now a Havendale. Pls pls tell dem fi look fi Neefa car
7:18 – mi deh a Red Hills road a go up
7:18 from Onika to Clive Williams – ok baby I am praying for you
7:26 – I can’t concentrate right now. Just be cool and call to G. (Name given by witness to Palmer)
7:28 Clive Williams says please hurry up we soon reach babes
7:37 Onika says – baby I am shaking so bad I am nervous. Geof just catch me on my phone but I don’t care although him going to kill me.

There were no other messages recorded from Mr. Williams.

As I told you, it is for you to decide what these messages mean and to ensure the witnesses weren’t mistaken in what they said. Also you must be certain that Clive Williams did not concoct these messages.

You heard the Defence case that evidence was concocted and motivated by ill will or malice and certain actions of police are product of conspiracy. Bear that in mind as you look at these text messages from Clive Williams being driven in Needfa car where Chow said they were pressured to go.

What did he mean by ‘tell dem say Vybz Kartel a go kill me’
Vybz Kartel was someone he knew before. This is someone who had to report to police and here is is pleading for relatives to get police. It is for you to say whether  they are consistent with the prosecution case that Clive Williams is dead.

The next witness I will look at is Stephanie Bradckenridge – sister of Clive Williams.
In August Two zeerio one one (2011) she was living in St Catherine, Waterford. She is also called Nadine. She lives with younger siblings her children and husband Samuel otherwise called Ridge. Clive is a younger brother.

She recalls Sunday August 14, 2011 as the last night she saw Clive. He lived with his girlfriend Onika who had a daughter which is not Lizard’s. She says he worked at NWC. She knows Lamar Chow.  Shawn Storm and he was friend with Kartel. She also knew Shawn Williams.

This is the sister of Clive Williams. She said she knew Shawn Williams. If he and Clive Williams were up and about together could he

(Prosecutor Taylor rises as the judge is once again in need of correction)
Taylor – excuse me My lord, is Shawn Campbell and not Williams.

Judge – ahhhmmm….what is your note last note there Mr. Palmer asks the judge of the learned senior deputy director of public prosecutions whose name is Jeremy TAYLOR.

(Needless to say, the courtroom chuckles – jurors are seen laughing almost in amazement.  The judge continues seamlessly)

Learned senior deputy is right. There are…( inaudible)

She is reciting friends she knows. Says he works at NWC. She knows Lamar Chow otherwise called Wee and he was friends with Palmer otherwise called Kartel. She would see Storm and Palmer from time to time. She told you that she saw a music video in which Storm was there. Lizard was portrayed as one of the guys on the corner. I think it was portrayed to show familiarly.

She said Clive Williams danced a lot and that is how he got the nickname.
You recall her reaction. She broke down. I told you before, you cannot be swayed by sentiments.

Lizard would visit her house and take care of younger siblings and she would see him often as he lived close by and they talk often. The prosecution says here’s a man who had good relation with his sister-  Not a lot of quarrel. In those circumstances would you expect that he would abscond and make no contact with her?

She says she spoke with him by telephone 5710021. She supports Onika regrading the number.

She last saw him between 1-2 in afternoon August 14. She was in the bathroom when he came. She heard a loud commotion and banging on the door. She was frightened. Saw Clive Williams and he crunched down by a sofa – white and sweating like they were seeing ghosts.
That was on the 14.

You heard the text to those. Does it support what is in the text. The fact that on the 16 were these messages to his girlfriend soliciting her help. On 14 August this is what his sister is recounting. She sees the men in her house. She says they were falling down like their knees could not hold up. Did that happen or was she making it up.

You saw her. Was she evasive or trying to deceive when she recounted what she saw in the living room of her house. She said they looked frightened and scared. Now the context that this frighten and scare has to be placed in are some voice notes – I will play for you tomorrow of the accused Palmer and what he said in relation to the person who lose the gun.

Remember I gave you an order starting with the plan. What Palmer said would happen. The Defence says the police force conspired against all of them. This is a canon piracy. I don’t know if it extends as far as the honorable Minister Peter Bunting but he is certainly one of the persons whose names was called. There is no denying that the voice is the voice of a Palmer but the voice has been spliced and interwoven. That is the context that the sis of Clive Williams is testifying about. Is she trying to deceive you, is she evasive or is she part of the concoction. That’s a matter for you.

She says after she saw them in the house she gave them instructions and drove them to the mall and returned home. She left them there and that was the last time I had seen him. She spoke to him after- On the 16, Tuesday morning. She called him on the phone. She didn’t speak to him again. She made efforts Tuesday night but got voice mail – Several Several times.

She went to the Police Station to report him missing. It was not normal for him not to make contact up to that point (repeat). The Prosecution says this is another instance that points in one direction and one direction only that Clive Williams is dead.

On way to the police station she was still making efforts to call. Shawn lives a few feet away. There is a studio in the area and they would come. She doesn’t know where Shawn and the others lived. She just see them together. She doesn’t know where Kiro lived. Up to August 2011 she had lived there about 10 yrs.

She was cross examined longer than Onika. Mr Finson asked about the incident on 14. She said that when she took them to the mall, her intention was for them to leave Waterford. She was not aware they were still in Waterford. They returned according to the evidence of Chow. Asked by Mr. Finson about the other side of her brother, she said she knew he was charged with illegal possession of firearm. He was also charged with possession of and shooting with intend. She said she was aware.

On the 18 she gave police a statement. She was asked about the contents and whether she mentioned the events she told the court about. Police came and took another statement. She gave the first statement a week after her brother went missing at police headquarters. She doesn’t recall where or to whom.

Mr Lorne also cross examined her and his direction was that in fact her brother and Campbell were close. She admitted that Shawn encouraged him to take out a passport. Shawn wanted to make him into bigger act than he was.
This would cause you to ask why would Shawn Campbell having taken efforts to get passport for him, why then deliver them as the Crown is saying knowing that they were going to be seriously injured.

She said she got instructions from brother and as a result she left the community.  Said she didn’t mention that she was afraid in the statement to Waterford police. She had instructed her brother to leave the community and gave him $3000 to do so.

The next witness is Constable Avril Thomas
She is a Forensic Crime Scene Investigator. She received training in 2005 and has been working as a crime scene investigator since 2005.

(Constable Avril Thompson is not a woman. He appeared in court as a man. No sex change or gender re-alignment surgery has been reported since)

August 22 at about 11 while on duty at the task force office she received instructions from her supervisor. She set off with a digital camera and other equipment – took pictures of the area. She noticed on arrival that there was a house with 4 bedrooms, 2 bathrooms, kitchen and car port – started investigation. She made sketches of the scene and made several observations.

She gave a description of the property – estimated height of wall and gate -that was  given as 8 ft. She entered the yard and on entering noted trees. She walked around the yard and made several observations. The gate was closed and it is gate you cannot see through. It is a gate that slides. She entered the carport through a grill work and noticed that floors had been wiped.

There is a verandah attached to the carport which was also wiped clean. The horizontal walls of house were also wiped. The Prosecution leading this is saying this is another chain in the circumstances that leads to one conclusion and one conclusion only. In this house where several things were noted – Some of rooms described as being in a dirty condition but certain areas wiped clean. You may ask what was the purpose of the that. Why were walls and flooring wiped clean.

Small dry spots on the inside that resembled blood were observed.
The living room – floor was wiped and painted and appeared to be empty.
There was a small white fridge and a microwave with shelves. Chow says he was aware that 2 persons live there. None of the accused say they live there. Chow says Andre st John and Shane Williams lives there.

Shane Williams says he doesn’t live there and he’s not known as Terrence.

There was a a small standing bathroom that was in a very dirty condition. It begs the question if the bathroom is so dirty how comes this cleanliness regarding the floor.

(The registrar slips a note to the judge)

Madam Foreman and your members, I am still on the evidence of this investigator.

(Perhaps the note to the judge by the registrar caused the judge to end making reference to Avril Thomas as ‘she’ and ‘her’ and to ‘this investigator’)

(It’s 3:30PM. Court sessions normally ends at 4PM or thereabouts. Presiding Judge Lennox Campbell adjourns the sitting at 3:30 with his usual word to the jurors)

All that remains is my summation to continue. Please do not discuss this case with anyone outside your numbers. Please step down.

(More to come)

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