Defence accuses prosecution witness of terror tactics
DEFENCE attorneys in the ongoing trial of 25 alleged members of the Tesha Miller faction of the Klansman gang on Monday mercilessly grilled the prosecution’s first witness, accusing him of using his prowess as a skilled marksman with a track record of more then 10 fatal shootings to scare one of two former gangsters, turned star witness, into fabricating evidence against all the defendants now being tried.
The witness, a detective corporal, has been on the stand since last week when the trial began in the Home Circuit Division of the Supreme Court in downtown Kingston.
He had given evidence that he was part of a March 25, 2003 operation in the North Avenue, Spanish Town, area in search of an individual who is now one of the Crown’s star witnesses.
The cop, who said he was part of the cordon team on the day in question, said during that operation three men arrived in a motor vehicle and entered the premises in search of the individual who cops had, by now, held on to.
He told the court that an altercation ensued when the men, upon entering the yard and calling for the man, realised that the premises was occupied by police. The witness said when one of those men (name withheld) raised his right hand with a gun towards him, he fired his service pistol at him at which point the man fell to the ground. He said one of the other men ran past him and was engaged by other members of the police team but managed to escape.
According to the cop, after relaying what took place to a senior colleague, he retrieved the weapon from the downed man who was then placed in a vehicle and taken to hospital.
He said the intended target of the police operation (star witness, yet to be revealed to the court), who was also being sought by the three men, was at this time still in the building under the watchful eyes of other cops. He said it was at this point he was introduced by other members of his team to the accused BJourn Thomas and was told that he was a driver. He said he spoke to Thomas for some 15-20 minutes.
That account, however, came under attack from attorney Paul Gentles who represents defendants Owen Billings, Michael Wildman, and Jerome Spike.
Gentles, in a blistering cross-examination of the witness, contended that the cop had shot and killed the man — who he described as his “client” (in an unrelated matter) — in cold blood, and in the back of his forearm as he tried to “run away that morning”, and not from a frontal position.
“I am suggesting that you shot and killed [name withheld] when his hands were fully raised in the air… it is because you shot and killed him while his arms were raised fully in the air that there was an exit would beneath his armpit,” Gentles charged.
“I disagree, sir. I am no pathologist,” the witness shot back coolly.
Gentles, whose line of questioning was at several junctures vigorously opposed by the prosecution, went further to insist that the cop had shot the man “when he had no gun”.
“You murdered [my former client] that morning cold-bloodedly. You can agree or disagree,” Gentles bit out to which the cop replied, “Are you accusing me of murder, sir?”
“I am suggesting that you in fact murdered [name withheld] that morning… I am suggesting that not only did you plant that firearm at the scene, you transferred his DNA and fingerprints on that gun,” Gentles asserted.
“No sir,” the cop responded.
Gentles, not to be outdone, went on to insist that following the shooting the cop had “ice cream” from a nearby truck and celebrated.
When this was also denied by the witness a seemingly incredulous Gentles said, “You don’t remember the ice cream truck?” before later going on to ask sarcastically whether the cop had indulged in “rum and raisin” as his treat, the innuendo attracting snickers from the defendants in the docks and individuals in the courtroom.
“After you fatally shot and killed [name withheld] you threatened to kill [the star witness]… your star witness in this matter was threatened by you to cooperate and give certain evidence in this matter so that he could live… and in exchange for his life he provided fabricated and issued misinformation, attaching faces, aliases, and names of all these men to help you clear up your cold cases, your unsolved cases in Spanish Town,” Gentles declared to vociferous objections from the prosecution.
‘I did not threaten or speak to [the star witness] at no time,” the cop retorted.
Gentles, however, went on to declare that the cop, “and his squaddie also threatened to kill the driver of the car BJourn Thomas” [the accused who supposedly transported the trio to the premises].
“Matter of fact, you and your squaddie wanted to take him around the back and your senior said, ‘No, no, yuh nuh see how much camera deh bout?’ ” Gentles suggested.
“You and your colleague from C-TOC, coached [star witness] to give fabricated statements about each and every man in this dock,” Gentles insisted.
“No sir, at no point in time did I speak to [the star witness],” the cop insisted.
Defence attorney Kymberli Whittaker, who represents the accused Ramone Stewart, Charles McCleary and Kimali Wynter, continuing where Gentles left off, hacked at the witness’ credibility, pointing out that he, “no longer works at C-TOC because of corruption-related charges”.
When the cop replied with a dismissive, “Not aware of that,” the defence attorney continued her line of questioning by tackling the lawman about the number of fatal shootings he has been involved in since his stint with the force, while enquiring whether he is not now still under investigation for Pennant’s death by the Independent Commission of Investigations.
When he indicated that fatal shootings he was involved in numbered more than 10, Whittaker, who insisted that 15 was more in the range, went on to accuse the cop of seeking to “mislead” the court as far as the sequence of events that day.
“I suggest to you that you have a lot to lose if you admit to shoot [name withheld] from behind,” the attorney stated before going on to suggest that the cop had planted the gun on the dead man, which he said he had recovered.
“I don’t know that a gun can be planted,” the cop said dryly.
She went further to question him as to the actions of C-TOC officers concerning Othneil “Thickman” Lobban, reputed former One Order Gang leader, now deceased, alleging that on one occasion C-TOC members had “played football with him” and were even in “communication” with Lobban.
“No Ma’am,” the cop responded.
Whittaker, in whittling further at the cop’s credibility, said, “You are barefaced lying to this court in order to save your reputation before you yourself are made to stand and answer questions for the killing of [name withheld]… I am suggesting to you that the version you gave to this court about how things happened is a blatant lie… you and other members of C-TOC conspired to create a narrative concerning the killing.”
Last Wednesday, an acting deputy director of public prosecutions, delivering the opening address following the arraignment of the 25, disclosed that the two former members of the faction-turned-star-witnesses have helped cops crack the majority of the 16 crimes which had remained “unsolved” for some seven to eight years, for which their former cronies are now on trial.
The senior prosecutor said the two ex-gangsters have pleaded guilty to varying offences including murder, and are currently serving their sentences.
The matter resumes at 10:00 am Tuesday when another police witness will take the stand.
The 25 accused, the second faction of the gang to now be tried by the courts, are to answer to 16 offences allegedly committed over the span of five years between August 2017 and November 2022, according to the case being built by the Crown.