Khajeel Mais’ sister disappointed, but not surprised at not-guilty verdict in X6 murder trial
Kimberly Mais said she was not surprised that the man accused of killing her brother, Khajeel, was yesterday freed in what became known as the X6 murder trial. However, she admitted that she was “really disheartened and disappointed”.
“All I can say, I am not surprised, I am not shocked, but I am disappointed. I am living in Jamaica and the justice system needs to be revamped, it is something that [Justice] Minister [Delroy] Chuck needs to look at; he needs to make some changes,” she told the
Jamaica Observer yesterday when contacted following the ruling.
“We didn’t get justice here on Earth, but we will get it on that day,” Mais added.
According to the outspoken Mais, she fully supports a call made by former Deputy Commissioner of Police Mark Shields for the police to digitally record the statements of key witnesses in high-profile cases to prevent them from recanting.
“It is very disheartening because there were a lot of lies told on the stand; the taxi driver does know my brother, and he does know my family, hence the reason why my brother did go into this taxi,” she said in reference to the testimony given by key witness Wayne Wright, who had denied knowing Mais and his family.
But despite the unfavourable outcome of the case, Mais said she has not given up on the justice system as she is very patriotic and wants to be part of the change. However, she is eager for the process of change to begin.
The disappointment was, however, too much for her parents, Alaina and Noel Mais, to handle as they left the Home Circuit Court in downtown Kingston without speaking to reporters.
The mother, with a look of dejection, shook her head when asked for a comment, while her husband’s only words were: “Call us in about two weeks.”
The St Andrew businessman, Patrick Powell, 59, who was fingered in the 2011 murder of 17-year-old Khajeel Mais, was freed yesterday after the seven-member jury was directed by Justice Lloyd Hibbert to return a not-guilty verdict on murder and shooting with intent charges.
The prosecution, led by Deputy Director of Public Prosecution Jeremy Taylor, contended that on the night of the incident Mais was travelling in a taxi, which collided with a BMW X6 motor vehicle on Highland Drive in Havendale. It is alleged that the driver of the BMW, whom the prosecution claimed was Powell, got out and fired at the taxi, hitting the boy.
The highly watched trial had garnered much public attention since it started last week Tuesday after a lengthy delay and subsequent protest from the family.
However, the trial, which was significantly hinged on the testimony of Wright, who was the taxi driver on the night of the incident, plunged last week when he backtracked on most of the evidence that he had reportedly given to the police in two statements in July 2011.
Wright repeatedly denied that he had given evidence to the police indicating that he had seen the shooter with the gun and that he had fired about three shots on his taxi on the night of the incident.
The main witness also denied telling the police that he knew the accused as “Nigga”, and that he had known him for eight years.
Wright had also denied telling the police that he had known Mais from he was a young boy.
Wright, who because of his inconsistencies and his adverse testimony was declared a hostile witness, maintained that he had not seen anything or anyone on the night of Mais’ death.
As a result, Taylor told Justice Hibbert yesterday that he would be offering no further evidence in the trial after calling 12 of the 28 witnesses who were slated to testify.
Taylor, during his address to the court, pointed out that during his opening statement he had indicated that there were two main issues in the case — identification and credibility — and noted that the Crown would have to prove, without a reasonable shadow of doubt, that Powell was present when Mais was killed.
“I also indicated in my opening address that only one witness (Wright) could support that evidence.” But Wright, the prosecutor said, did what he wanted rather than what was right as it related to the evidence recorded.
The final witness who was called yesterday, Deputy Superintendent of Police Vernal Thompson, who Wright had claimed had tried to force him to lie in his statement, told the court that on July 8, 2011 Wright knocked on his office door and told him that he wanted to speak to him in private.
Thompson, who was then in charge of criminal investigations in St Andrew North, said that Wright gave him a detailed report of what had transpired on the night Mais was killed and that he signed the statement after it was read to him.
Thompson said that he did not tell Wright what to say, and under cross-examination said that the only change he made to Wright’s statement was to record it in Standard English.
He also admitted that when Wright came to see him it was to record a further statement and that he was later made aware that Wright had indicated in his first statement that he did not see who had killed Mais.
Following yesterday’s ruling, Powell, who maintained a serious expression, told reporters, “I feel good and God is with me.”
One of his two brothers who supported him throughout the proceedings, when asked if they had received the outcome that they had wanted, said, “I leave everything in God’s hands.”
Powell is, however, not out of legal troubles as he was charged with failing to hand over his firearm for ballistic testing. He is to appear in the Kingston and St Andrew Parish Court before year-end.
Taylor had indicated yesterday that police had searched his home for the weapon. Director of Public Prosecution Paula Llewellyn said the police had turned up empty-handed.