Judge’s summing up – Part 2 – #KartelMurderTrial

Court resumes from it mid morning break. Justice Lennox Campbell continues his summing up the jury to a packed courtroom. Here are my verbatim notes

—–

Madam foreman and your members, I will pick up here –

Note that a forensic fire expert Miss Sharon Brydson has testified that in her view a fire at Mr. Palmer’s house was deliberately set.
Also note that the defence put before you that the letter written on Nov 13, 2013 was written by Clive Lizard Williams.

(Here the judge misquotes the evidence prompting the prosecutor Jeremy Taylor to rise)

Taylor: My Lord the evidence is that it was Mr. Chow’s handwriting.
(Defence attorney Tom Tavares Finson chimes in in a sotto voce remark to Taylor)
Tavares Finson: you a interrupt di Judge now? Ok!

(Justice Campbell corrects himself in what will be one of a couple mistakes well in his summing up. Some of the jurors find this hilarious and laugh heartily)

Justice Campbell continues.
Yes it was written by Chow. The letter is to be considered circumstantial. Note that circumstantial evidence can be used to mislead also it is said such evidence can be considered the best evidence.

The next thing the prosecution must prove is that it is the accused men who killed Clive Lizard Williams. What the prosecution has said is that the men were acting together. You note the texts where he said Mr. Palmer was upset about the missing shoes. In voice note 2 he said ‘if dem want dem fren fi live dem fi return mi shoes’. As I indicated he was accorded tremendous amount of respect among the grouping.

It is clear that Mr. Palmer passes messages through Mr. Chow and Mr. Campbell. And that he has some authority. That he determines where the shoes will go and how the miscreants should be disciplined. We will look at voicenote 7 where he said he wanted Mad Dawg to page somebody because a Mad Dawg a govern di programme. You will have to determine what those words mean.

On the Prosecution’s case Kiro Jones held Lizard from behind and St. John was seen with a building block. Note that video was shown by the prosecution where later that night men were heard planning to kill.

What is the defence’s case?

Mr. Palmer has said he has never seen Lizard at Swallowfield Avenue and that he’s innocent. St. John has said he’s only here because he’s associated with Mr. Palmer. He does not know of any block or plot or plan. Shawn Campbell has said he’s not aware of any plan, Shane Williams has said he does not even know why he is here while Kahira Jones has said Chow and the Police plan up to bring down Kartel and his friends.

Mr. Palmer has NOT denied that the voice in the voice note is not his.

PRESENCE
Madam foreman and your members – If looking at the case you hear that someone was present and intended to commit the offence or if they took part then by their mere presence and they were close enough and facilitated the act then they should be found guilty.

TIME
Regarding the discrepancies in time pointed out by the defence – (finger fail here)

Madam foreman and your members -note that in most criminal trials it is always possible to find variations in a witnesses testimony. It may be slight and it may be serious. If it is slight it does not affect the credibility of the witness.

—–

It is now 1PM. The court proceedings did not get off on time this morning- but this is not unusual. 10AM is the official start time for court. Here the time is more honoured in the breach. The court breaks now for lunch for one hour. The judge is to continue at 2PM – after lunch. Part 3 then.

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About emilyshields

Attorney-at-Law, Partner -Gifford Thompson & Shields; Broadcast Journalist; Host of RJR's Hotline - www.rjr94fm.com; Gunner Twitter- @emilymshields
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