By Anastasha Elliott
The sentence of his client Kevin ‘Judge’ Francis baffles lawyer Nassibou Butler.
“It doesn’t make sense!” stated Butler at the conclusion of the case Thursday.
Francis and Darius ‘Monkey Head’ Warner and were jointly charged with robbery, wounding with intent and unlawful and malicious wounding.
Warner was found guilty of robbery and wounding with intent while Francis was found guilty of robbery and unlawful wounding.
Butler was hoping that the jury would believe the testimony of the prosecution witness Leroy Conwell who said that Francis did not attach the virtual complainant during the committal of he offence though he was present.
He was however disappointed. The prosecution alleged that on January 6, 2005 the two men armed with a knife robbed and wounded Mervin Patrick of Tabernacle Village of a total of $1891.50.
The prosecution called four witnesses to make its case against the two men. Warner represented himself.
The star witness was the virtual complainant, Patrick who explained to the court what happened to him.
During his testimony he broke down in court to the astonishment of the jury empanelled to hear the matter.
Patrick explained that on January, 2005 he left his home to go up to his farm ground at Saddlers Mountain with his friend Leroy Conwall.
However when he reached to the site he realised that he did not have his tools in the back of his car and taking into account the time of day it was he decided to abandon the idea of tilling his ground.
Instead he said he went to Dieppe Bay to visit some friends.
On his way back he said he stopped in Parsons by a Ms. Bradshaw’s shop and ordered drinks for himself and his friend.
He said that on his way back out to the car a group of boys sitting outside and old house said something to him.
Patrick said he went over the young men, totally five or six and recognising both accused he began to converse with them.
During the conversation, which lasted several minutes, Patrick said the men asked him to buy them drinks and he did.
When he was about to leave the two accused men asked him for a lift to Saddlers and he agreed.
Patrick said when he got to Saddlers he was told to drive around because they were looking for a friend.
However not finding the person anywhere, the accused told him to drop them home, “down on the project.”
Patrick told the court that he drove down to the project and kept driving because the accused men did not stop him.
He however decided to stop when he reached a certain way, “I mashed brakes and it was at that time that they rushed me and said is my money they want and they will cut me if I don’t give it.”
Patrick said he pulled the handbrake on the vehicle and started struggling to get out of the car. He said he felt something pressed to both sides of his neck.
The virtual complainant said he managed to exit the car, however the two men followed and there was a tussle as he tried to get away.
The two men were trying to get their hands in his pockets. Patrick said he managed to get away but did not reach far.
“I fell into a ditch and they caught up to me and was on me trying to put their hands in my pocket,” said Patrick.
He said he got away once more and catching up to his friend who had also ran hid in some bushes near the line tracks.
After some time his friend left him there to go and call the police and Patrick said he moved to some other bushes to hide and stayed there till he heard his brothers voice.
Leroy Conwell, testified next and said he was with Patrick when he went to his ground and on to visit friends in Dieppe Bay.
He was also with him when he went to Parsons and stayed in the car when Patrick went into Bradshaw’s shop to buy drinks,” a ting for him and a malt for me.”
He said he remembers the men who were at the abandoned house that Patrick spoke of and said he heard them ask Patrick to buy them drinks and he did.
Conwell said while he sat in the car waiting, “Monkey Head (Darius Warner) came up to me and said he needed some money. I told him I had none.”
He said Patrick whom he called his partner came to the car ready to go and the two accused men asked him for a lift and Patrick agreed.
In Saddlers he said Warner was the one directing Patrick where to go and it was him who held a knife to Patrick’s throat “and said he would kill if he didn’t give him money.”
Conwell said he decided to stay in the car, but Patrick indicated to him that he was going to try and make a run for it.
He added that Patrick managed to get out of the car but Warner grabbed him and they started to struggle. “He got away again and ran but fell in a ditch and monkey head caught up with him.”
Conwell said Patrick, his partner got away again and they both started running and screaming, “we ran past the school and over the line track and hid in some bushes.”
After about and hour Conwell said he left Patrick to go get help but when he returned with the police he did not find Patrick.
Further testimony was heard from the investigating officer, Orlando Hughes and Josephine Bradshaw of Parsons Village.
The prosecution then closed its case against the two men.
Lawyer Butler representing Kevin Francis then made a no case submission on behalf of his client.
His argument was that it was unsafe to let the evidence go to the jury. The virtual complainant he explained, said that he was attacked by the two men, however his partner who was in a much better position to see what was going on said only the number one accused (Darius Warner) attacked his partner. “The difference in evidence,” said Butler, “is unreliable.”
The prosecution rebuttal said that they have made their case against the two men and the matter should go before the jury.
The jury, Simone Bullen District Prosecutor stated that the jury is the tribunal fact and it should be left up to them to decide whether or not the evidence against Francis is sufficient enough to convict.
Justice Francis Belle addressing the matter said that the evidence taken at its worst, “wouldn’t Francis indicate that he was not involved?”
Butler answered, “I think not my Lord. The witness, Leroy was very impressive and in a much better position to observe what was happening and not the guy who was under attack.”
The judge then asked, “could he of not done something to stop his friend?”
Butler argued that Leroy did not do anything to help his friend either. The judge answered that it has not been indicated that Leroy was involved.
Inference has been made however, that his client was involved.
Butler argued that his client took no part in anything that happened, whether before, during or after the offence, “it would seem to me that the number two accused (Warner) did it independently.”
The submission was denied and the case was sent to the jury.
