A missing .45 automatic pistol said to belong to a member of the feared Joel Andem Gang, led to the execution-style killing of Fitz-Albert Hall, o/c “Portland” and Lennox Francis, o/c “Gullymouth,” a Home Circuit Court jury was told at the trial of two men for murder in 1989.

The men — Walford Wallace, o/c “Macca” and Michael Fuller, both of Kintyre, St Andrew — were convicted by the jury and sentenced to death by trial judge, Justice Clarence (Billy) Walker on February 21 that year.

According to the prosecution, the bodies of the two victims were found lying in a house in Kintyre, St Andrew, in 1987. There was no eyewitness to the murder, but Wallace and Fuller gave cautioned statements to the police confessing to the crime.

What they did not know was that in law, a confession by one accused which implicates another accused person, is only evidence against the party making the confession.

Six members of the reputed gang alleged to be involved in the murders were picked up and later charged jointly with committing the heinous crime, but eventually, due to lack of evidence, four of them were discharged and only Wallace and Fuller, who confessed, were left to face the music.

The appellants, who were said to frequent the areas of Dallas, August Town and Kintyre, as well as Yallahs in St Thomas, had their appeal to the local Court of Appeal dismissed on February 24, 1992. The UK Privy Council also dismissed a further appeal in December 1996 commenting that the jury had the benefit of a thorough and accurate summing up by Justice Walker.

The prosecution, led by Kent Pantry, QC, then senior deputy director of public prosecutions (later DPP and now associate professor at the Law Faculty, UTech) and Lloyd Hibbert, QC, deputy director of public prosecutions (now Supreme Court Judge), outlined to the jury that the bodies of the deceased men were found in a house owned by Hall’s mother at Housing Drive in Kintyre.

Evidence from Hall’s grandfather was that three men had come to his house early that morning asking for Hall; they seemed to be wearing army clothing and one of them was holding a long gun. But the grandfather was unable to identify either accused in the dock; there was only the alleged ‘confessions’ given by the accused themselves.

The cautioned statements were strongly challenged by the defence after arresting officer, Detective Senior Superintendent (SSP) Isadore “Dick” Hibbert (now retired ACP) testified.

Voir dire proceedings (a trial within a trial — in the absence of the jury) took place for the judge to decide on the admissibility of the statements. This lasted over four days. The prosecution adduced evidence from SSP Hibbert; Deputy Superintendent Donald Brown (now retired ACP)and Daniel Douglas, a Justice of the Peace.

His Lordship then ruled that both statements — the one taken by SSP Hibbert from Wallace and the other taken from Fuller by DSP Brown — were admissible and they were tendered in evidence and read to the jury.

Wallace and Fuller in unsworn statements, denied taking part in the murders and claimed they were beaten and forced by the police to sign a document.

From the Journal of ACP Isadore ‘Dick’ Hibbert

“Both men are members of the notorious gang — the Andem gang — operating between Dallas, Kintyre, August Town in St Andrew, and Yallahs in St Thomas.

The gang members are usually armed with high-powered weapons, including M-16’s, Mack 14’s, 9MM’s, among others.

All their nefarious activities are carried out during the nights, posing as police and soldiers. Citizens in these communities were virtually paralysed with fear.

This gang was responsible for several murders, burglaries and robberies in St Andrew and St Thomas over a long period of time.

On the morning of the slayings, the police were called to a scene of a double murder at Housing Drive, Kintyre, St Andrew. The deceased were identified as Fitz-Albert Hall, o/c “Portland” and Lennox Francis, o/c “Gully Mouth”.

Both men received gunshots to the head. The bodies were lying on the floor inside the house with the hands bound with cord. The bodies were also bound together around the necks with cord. Fragments of bullets and cartridges were found in the room. Apart from this, there were no fingerprints at the scene and no eyewitnesses.

Post-mortem examinations revealed that Hall, was shot four times in the head and Francis was shot three times in the head. Cause of death was due to the gunshot wounds.

During the course of our investigations, Hall’s grandfather reported that in the early morning, three men came to his house, dressed in army clothing with long guns, enquiring for Fitz-Albert Hall. Hall was not there.

Hall’s girlfriend reported that the house in which the men were murdered belonged to Hall’s mother, but Hall had rented part of the house to the accused, Michael Fuller, and another man, Joel Andem, o/c “Tallman”.

The gang placed heavy emphasis on the safe-keeping of their weapons. Great care was taken in hiding the weapons until they were ready to carry out their nefarious missions. A .45 automatic pistol belonging to Wallace, o/c “Macca” was hidden near the house occupied by Fuller and Andem in Kintyre. Later, the weapon was discovered missing. The deceased, Hall, was suspected of stealing it.

Members of the gang, consisting of Walford Wallace, Michael Fuller, Joel Andem, Samuel Lindsay, o/c “Sammy Dread”, and two others, met and planned to kill Hall. The planning took place in an area known as “Angola”, lower St Andrew, not far from the University of the West Indies.

Three of the conspirators — known as Sammy, Juicy and Prince — were dressed in army clothing and were armed. Sammy was armed with a rifle and Prince with a weapon known as a ’14’. Sammy went away and returned, saying he had searched the house of Hall’s grandfather and had failed to find Hall.

So all six then proceeded to the dwelling at Housing Drive in Kintyre. Hall and Francis were awakened by knocks on the door and commands to “Open! Police and soldiers! Open the door!”

The order was obeyed. The hands of both men were bound and then they were bound together with electric cord by their necks.

The place was searched and the missing .45 automatic pistol found under a sheet. Hall and Francis were then shot and killed execution style. All six gangsters/conspirators went back to Angola. It was reported that all weapons were then handed over to “Sammy Dread” to be secreted. The gang thereafter split up, going their separate ways.

Later, the six suspects were rounded up and taken to different police stations to avoid consultation among themselves. There was not enough in the line of evidence to connect the suspects with the murders.

I interviewed Walford Wallace on the 29th June 1987 in the form of questions and answers (Q&A) intended to elicit general information.

I questioned him in relation to his parents, relatives, date of birth, schools attended and grade attained; whether he could read and write; and about members of the gang. I also asked him what he knew about the murders at Kintyre. This statement was not put into evidence by the Crown. We’ll get back to this later.

However, at the end of the Q&A session, I said to Wallace: ‘You have a conscience with which you will have to live. If you wish to tell me the truth, you know where to find me.’ He was sent to the Admiral Town Police Station for safe-keeping.

On July 2, 1987 I received a message from Detective Sergeant Benjamin that Wallace wanted to see me. DSP Brown accompanied me to the Admiral Town Police Station. Wallace was brought to me in the office. I told Wallace that I had received a message that he wanted to see me.

He replied: “Last night I was inna mi cell and me start to pray and a spirit tell me seh to tell you everything ’bout the Dallas murder and the Kintyre murder.”

I cautioned him and asked if he wanted to write his statement or if he wanted someone to write it. Wallace told me to write it for him.

I wrote down the words of the caution on a piece of blank foolscap paper and explained it to him. He signed it with DSP Brown as witness.

Wallace then dictated a statement outlining the plot leading to the murders of Hall and Francis, after which he said, the group went back to August Town, hid the weapons and split up.

On the basis of this statement, along with circumstantial evidence, Walford Wallace was charged with the double murders of Fitz-Albert Hall and Lennox Francis.

Michael Fuller, another suspect who was picked up by D/Sgt Benjamin also gave a statement under caution, admitting the role he played in the murders. He denied, however, that he shot the victims.

Of the other four suspects, two of them, namely, Samuel Lindsay, o/c “Sammy Dread” and Joel Andem, were also charged with the murders. Neither of them gave a statement to the police.

The last two suspects, identified as Juicy and Prince, who were also charged subsequently, also gave no statements.

Following a preliminary enquiry at the Gun Court, Wallace and Fuller were committed to stand trial at the next session of the Home Circuit in Kingston. Samuel Lindsay, o/c “Sammy Dread” and Andem were dismissed due to lack of evidence.

At trial, Wallace was defended by attorneys Donna McIntosh-Bryce and the late Headley Bryce (not related). Fuller was defended by attorney Valerie Neita-Robertson.

The defence raised a number of objections during the trial, relative to the cautioned statements specifically as to whether the statements were given voluntarily.

Voir dire proceedings followed after which the judge ruled that the statements were given voluntarily. The statements were admitted in evidence at that stage and read to the jury, but not before the defence — in a bid to prove that Wallace was unable to read and write and, therefore, could not have dictated the cautioned Q&A document — applied to have the document introduced into evidence.

Note should be taken that I’d mentioned that this document/statement had not been put into evidence by the Crown. The application was granted.

The Q&A document was shown to the jury. Wallace’s signature and initials appeared on no fewer than twenty pages of the document, putting to rest the suggestions by the defence that Wallace was illiterate. Also the jury had the opportunity of comparing the signatures on the document with the signatures on the cautioned statements.

A witness called in support of Wallace’s defence to prove that he was unable to read and write, was a schoolteacher, who claimed to have taught him at school and who said she was a relative of his.

Here is the relevant part of Wallace’s statement taken under caution:

‘Sammy knock on the door and say ‘Police’. Portland said, ‘It is not Police. I know it is you Tallman (Joel). Joel said, ‘Open up! Police and soldier.’ The man who was inside with Portland open the door and said: “A police and soldier”.

Prince, Juicy and Sammy Dread were dressed in soldier uniform. The three of them, that is, Sammy, Juicy and Prince, go inside the house. Me, Fuller and Joel stay outside and watch.

Same time, Portland recognised Sammy and said, ‘A nuh soldier; a yuh Sammy.’

Sammy said, ‘Yes, ah me Sammy. Where is the gun you take away from them? A fi me gun.’

‘A nuh me tek it up. Is a youth from down the bottom.’ [Portland responded].

Fuller rushed inside and Joel followed. Fuller and Joel start to tie Portland and the other man with cord which them get from inside the house. The cord is electric iron cord looking like sash cord. Sammy said, ‘Put him down in the corner and mek him talk.’ Fuller started to search and him take up the gun from under the sheet on the bed. Fuller said, ‘How yuh seh the youth have it? Yuh fi dead fi it.’

Same time Sammy walk out and leave Prince, Fuller and me inside and said me must kill him. Me look on Portland and said, ‘Me not killing him.’ Same time I walk outside leaving Joel at the door and Prince and Fuller with two guns inside. Joel go inside back. Dem start to fire. When Prince, Fuller and Joel come out, them say the two of them dead. Sammy say ‘come let us go back down.’ Them take out them clothes and other belongings out of Portland house. Fuller and Joel used to live there. We went back to Angola to Sammy yard. We sit in and then start to reason.

Fuller said, ‘Is long time we want to catch ‘Gullymouth’ and mi catch him at the right time.’ Fuller said him kill Portland and Prince kill ‘Gullymouth’ (Lennox Francis).

Fuller give back Sammy two handgun fi hide and he go and hide them, same place up in the hills behind his yard. Everybody split up…’

Also under caution, this is the statement in part by Fuller:

‘The whole a we go up deh and wi knock up the house. Through dem have on uniform, dem go in front. After the door open, Sammy go in. Portland (Hall) think a policemen, so him seh ‘Do officer, a me and me youth in ya.’ Me and Prince stay outside fih watch. Sammy tell Portland say a fih him gun him tek way and him want it. Sammy call mi inside the house and seh mi must call Prince with the ’14’. When Prince go inside, Sammy come outside with the rifle. Me heard like them a beat Portland and the next youth inside a di house. Sammy tell me fih go inside a de house and tell Prince fih give Macca the ’14’ and him fih kill the boy dem and come quick. Me go and tell Prince the message.

Sammy tell me say him find the gun under the sheet. When me and Sammy deh outside, me hear about four or five shots inside the house. After the gunshot, everybody come out of the house and me see Joel come out with the 45 ‘matic weh Portland did tief. We leave and go back a Angola. When we reach back a Angola, Joel a talk how him bus’ up di shot in the bwoy and a long time him want fih kill him. Mi start fret fih stay with the man dem.

In the early morning, we leave and go up a yout’ name ‘Teetman’ yard and we eat some food and mi go back a Angola, and then mi wait till Saturday, and then mi go a 2 Trinidad Road at Waterhouse and stay with my girlfriend, Hyacinth. Macca still a control the ‘matic but it circulate with the other man dem.’

The accused referred to as “Prince” was discharged as the prosecution offered no evidence against him… The jury returned verdicts of guilty and sentence of death was imposed on both accused.

Having failed in their final appeal to the UK Privy Council, the two accused were fortunate in that because they were on death row for more than five years, they would not be hanged. Instead, they would serve a term of life imprisonment.”

NEXT WEEK: How Leila Brown, wife of G Arthur Brown met her death

Sybil E Hibbert is a veteran journalist and retired court reporting specialist. She is also the wife of Retired ACO Isadore ‘Dick’ Hibbert, rated as one of the top Jamaican detectives of his time. Send comments to allend@jamaicaobserver.com