{"id":107656,"date":"2020-03-13T10:02:01","date_gmt":"2020-03-13T14:02:01","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=107656"},"modified":"2020-03-13T10:02:01","modified_gmt":"2020-03-13T14:02:01","slug":"commentary-one-uppercut-murder-case-knocked-out","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-one-uppercut-murder-case-knocked-out\/","title":{"rendered":"COMMENTARY: One Uppercut \u2013 Murder Case Knocked Out"},"content":{"rendered":"
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Rawlston Pompey<\/p>

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The apparent indecent haste in which some criminal proceedings were instituted against some accused persons, were not only often seen as being at variance with a \u2018…Reasonable Time\u2019<\/strong> the Constitution provides for criminal investigations to be conducted, but also a \u2018…Reasonable Time\u2019 <\/strong>for such persons to stand before \u2018Adjudicators and Juries\u2019 to make a determination of either \u2018Conviction or an Acquittal.\u2019<\/em><\/strong> Even with apparent sufficient legal knowledge, it seems that these are more observed in the breach, than they are in practice, thereby bringing the responsible agencies under serious \u2018…public, official and judicial scrutiny.\u2019 Though it may not necessarily be so, invariably, \u2018accused persons\u2019 are forced to harbor thoughts of being subjected to \u2018…systemic spite and extra-judicial punishment,\u2019<\/em> <\/strong>particularly for accused persons on \u2018…remand for un-bailable criminal acts.\u2019 <\/em><\/strong><\/p>\n

LONE EYEWITNESS<\/strong><\/p>

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Though not physically possible of being delivered, a \u2018verbal uppercut\u2019<\/strong> to a \u2018Murder Trial,\u2019<\/strong> has the same devastating effect of a \u2018Knock Out,\u2019<\/strong> as an uppercut delivered physically to the chin of a ring boxer. In this scenario, one delivered by a street smart character with \u2018Judas Iscariot-like treacherous trait\u2019<\/strong> and \u2018Star Prosecution witness Carson Matthew,\u2019 <\/strong>was as devastating as those viciously delivered to opponents by boxer Mike Tyson. In a criminal trial, a public prosecutor who bears testimony to such assertions is \u2018Crown Counsel Shannon Jones-Gittens.\u2019 <\/strong>In the recent murder trial, \u2018Queen v Dwayne Joseph,\u2019 <\/strong>the trial had not only been fouled by the evidence of a supposedly \u2018Lone Eyewitness\u2019<\/strong> to the tragic killing of \u2018Jermaine \u2018Six Months\u2019 Destin,\u2019<\/strong> but was overwhelmed by a sudden and unexpected \u2018Uppercut\u2019<\/strong> to the Case against murder-accused \u2018Dwayne \u2018Littleman\u2019 Joseph,\u2019 <\/strong>and a suspected \u2018mentally-challenged\u2019 co-accused, Ziggy Beazer<\/strong>.\u2019<\/p>

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SPECIAL COMMENTARY<\/strong><\/p>\n

This \u2018Special Commentary\u2019<\/strong> reflects on the recent dramatic ending to criminal proceedings to a deadly, cold-blooded murder. It also takes an objective view of some fundamentals on; (a) \u2018…Committal Proceedings; and (b) …Certain procedures pertaining to Criminal Trials.\u2019 It specifically looks at a \u2018…Dangerous Uppercut,\u2019<\/strong> that was unleashed by \u2018Star Prosecution Witness, Ingram Carson Matthew. It now begs the question, \u2018…Was Star Prosecution witness, Carson Matthew \u2018Literate\u2019<\/strong> to understand this fact, or just too \u2018Illiterate\u2019<\/strong> to tell lies?<\/p>

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ADVANCE WARNING<\/strong><\/p>\n

This may very well be the darn last commentary you are reading for this month. Not sure what the hell the \u2018Burning Flames\u2019 <\/strong>meant, when they sang, \u2018Worky-worky\u2019 or Colin Lucas\u2019 \u2018Dollar \u2013 Dollar Wine\u2019<\/strong> song. Quite sure it was not a darn thing that one would not wish to \u2018Wine and Dine\u2019 for, or bitterly complain about. Any darn \u2018Grumpy Person,\u2019<\/strong> not intending; (i) .<\/strong>..To grasp some knowledge from this Feature; (ii)<\/strong> …Decides to focus on that which enlightens him\/her not;\u00a0 or (iii)<\/strong> …Disagreeably complains that it is too darn \u2018Worky-worky,<\/strong>\u2019 Na-a-ah, \u2018Wordy-wordy,\u2019<\/strong> runs the risk of not seeing the \u2018Uppercut\u2019 coming. You might just learn some darn thing you may not have known before. So read some darn part of the Bible and ask the \u2018Good Lord\u2019 <\/strong>to increase tolerance and understanding. What else; \u2018appreciation.\u2019 Guess what! After sipping a bit of brandy, sing or work without any darn \u2018fussing, scratching or biting.\u2019<\/strong> As in boxing \u2018Stop\u2019<\/strong> when the referee says \u2018Break.\u2019<\/strong> Not sure if you can get away from \u2018Corona V,\u2019<\/strong> be careful to protect your darn selves at all times.<\/p>

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TRAP TO DEATH<\/strong><\/p>

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In most tragic killings, the unthinkable or the un-imaginary is seen. There are usually gaping wounds or matters of the brain from shattered craniums. \u2018Doctors; …Surgeons; and Nurses\u2019 see these frequently, but law enforcement and medical emergency personnel, see them first. Invariably, the nature of these injuries chills the blood. But as often as these gruesome injuries, were seen, the mind adjusted itself. Thinking outside the box, it begs the question, \u2018Was the deceased \u2018Jermaine \u2018Six Months\u2019 Destin\u2019<\/strong> unsuspectingly lured into the \u2018Trap to Death<\/strong> by one or more of the other three men?\u2019<\/strong><\/p>\n

NIGHT TRAGEDY STRUCK<\/strong><\/p>\n

On the Night of March 18, 2013,\u2019 Tragedy Struck\u2019<\/strong> the Villa Community. Gunshots reportedly rang out in rapid succession on the street.\u2019 Aware of what such sounds meant, panicked residents, including \u2018…Ingram Carson Matthew,\u2019 <\/strong>incidentally answers to the alias \u2018Uppercut,\u2019<\/em> <\/strong>scampered like hares. As the sound had subsided, in satisfying their curiosities, residents in the immediate vicinity, reportedly returned to ascertain, if anyone, who may have been \u2018…bleeding; wincing in pain; …gasping for breath; or …not at all breathing.\u2019 Fatally wounded was \u2018Jermaine \u2018Six Months\u2019 Destin.\u2019<\/strong> Though figuratively and there was no bucket, he had \u2018kicked the bucket.\u2019<\/p>\n

CRANIUM SHATTERED<\/strong><\/p>\n

A Pointe resident had either walked on the wrong street; or rubbed someone the wrong way or had found himself at a place, seemingly \u2018pre-determined <\/strong>for him to die.\u2019 In the instant case, neither the viewing medical practitioner, nor the performing pathologist had been called to testify to his \u2018<\/em>Findings and Cause of Death.\u2019 <\/strong>Nonetheless, there has been sufficient privileged information on, and knowledge of the incident provides for a brief, but an extraordinary \u2018Graphic Account.\u2019 <\/strong>Though not in a gun battle, rapid gunfire reportedly peppered with a volley of bullets that saw death visited upon him. Shot at the back of the head, seemingly at point blank range. With his \u2018Cranium Shattered\u2019<\/strong> like glass, it was instant death.<\/p>\n

BRAIN MATTER OOZED<\/strong><\/p>\n

Where he motionlessly lay, brain matter had reportedly oozed from the gaping opening to the back of the deceased\u2019s head.<\/strong> The street covered with his curdled blood, as he helplessly and profusely \u2018…bled from the head, ears, nose and mouth; finally gasping for breath.\u2019<\/strong> The day and evening were over. His life had been painlessly, but effectively snuffed out. For his relatives, that which had to be inevitably done was mourning and grieving over the tragic incident and to prepare to bury their dead. For the Police, theirs was the immediate responsibility for conduct of criminal investigations, with the primary objective of bringing culpable perpetrator\/s to justice.\u2019 These are not only associated with vicious gun crimes, but also the inescapable harsh realities of the punishment, \u2018Vicious Men\u2019<\/strong> invariably exacted on other \u2018Vicious Men.\u2019 <\/strong>These are undoubtedly, the harsh realities of life.<\/p>\n

HOSTILE ENVIRONMENTS<\/strong><\/p>\n

One never knows how \u2018…vicious or which dog will bite\u2019<\/strong> or \u2018…which cat will scratch,\u2019<\/strong> until one crosses its path. Conversely, a \u2018Vicious Man\u2019<\/strong> never knows when another \u2018Vicious Man\u2019<\/strong> may strike. The provocative actions, expressions, sight or presence of a \u2018Vicious Man,\u2019<\/strong> in any place where \u2018Vicious Men\u2019<\/strong> resort, not only have potential for anger, but also the possibility for the wrath of other \u2018Vicious Men\u2019<\/strong> to be visited upon them, either with regrettable or deadly consequences. Thus, it is well known to law enforcement that in \u2018Hostile Environments,\u2019<\/strong> there are, but two basic principles; (i) \u2018…Vicious Men\u2019 shall not lose their wit as to be seen as dropping their guards; and (ii) \u2018Vicious Men\u2019<\/strong> shall not provoke other \u2018Vicious Men\u2019<\/strong> to anger, for wrath may descend without notice or warning.<\/p>\n

CODES OF SILENCE<\/strong><\/p>\n

Residents of these communities share the same commonalities; \u2018chronic poverty and constant misery.<\/strong>\u2019 Some members live on the edge of poverty, while most live constantly in chronic misery. Even so, the residents are a close-knit family. Though residential populations are frequently reduced by tragic circumstances, life goes on. It is to be understood that when; (a)<\/strong> …Areas are demarcated and controlled; (b)<\/strong> …Dominance is established; (c)<\/strong> …Fear is injected; and (d) …The targeted is eliminated.\u2019 <\/strong>There is a \u2018…Strict Code of Silence.\u2019<\/strong> Penalties for breaches are to be imposed swiftly and exacted on transgressors punitively and harsh. Thus, residents are often \u2018tight-lipped.\u2019<\/strong> Thus, residents shall be compliant with the \u2018…Cardinal Principle: \u2018…See nothing; …Hear nothing;\u2019 and …Say nothing.\u2019 <\/strong>These have not only been predestined and inescapable, but also continue to be among the harsh realities of life. )<\/strong> Invariably, there is a \u2018Score,\u2019<\/strong> and besides monetary debt, some other darn thing has to be settled. Thus, in these communities, only the toughest survives.<\/p>\n

DECEITFUL EYEWITNESS<\/strong><\/p>\n

It has been said that a person can hide from a thief stealing a pig, but cannot hide from a \u2018Barefaced Liar.\u2019 Undoubtedly, it was an apparent \u2018Deceitful Eye-Witness Account\u2019<\/strong> of a gruesome murder and the apparent \u2018pitiless simplicity and susceptibility\u2019<\/strong> of criminal investigators, in believing the suspiciously manufactured account\u2019 that had caused immense emotional and psychological stresses to the \u2018two constitutionally-presumed innocent men\u2019 <\/strong>[CO: 1981: Section 15]. In the instant case, it has been the \u2018Deceitful Denial\u2019 <\/strong>that not only saw a murder trial ended dramatically, but also prosecutorially embarrassing for Crown Prosecutor Shannon Joes-Gittens.<\/strong>\u00a0 The self-proclaimed \u2018illiterate,\u2019<\/strong> but known convicted felon had outfoxed both criminal investigators and the unsuspecting Crown Prosecutor. Thus, likened to lime juice squeezed into milk and instantly curdled, the ending of the trial came when the prosecution\u2019s witness denied implicating the accused in the heinous crime.<\/p>\n

POLICE TIEF ME PIG<\/strong><\/p>\n

When renowned social commentator Sir Paul Richards, more fondly, popularly and widely known as \u2018…King Obstinate\u2019 sang, \u2018…Ah Police Tief Me Pig,\u2019<\/strong> humorous as it has been, such assertion could not have been factual as to be accepted as truth. When convicted felon \u2018Carson Matthew,\u2019 answering to the alias \u2018Uppercut,\u2019 reportedly told Police that he had witnessed \u2018…Dwayne \u2018Littleman\u2019 Joseph and Ziggy Beazer\u2019 shot and killed fellow-Pointe resident \u2018…Jermaine \u2018Six Months\u2019 Destin,\u2019 Police appeared to have accepted that as the \u2018…Gospel Truth.\u2019 The truth is, it appeared that Police criminal investigators also encountered grave difficulties discerning \u2018…Truthfulness from Falsity.\u2019<\/p>\n

TIEFING PIG – TELLING LIES<\/strong><\/p>\n

The \u2018…Star Prosecution\u2019s Witness\u2019 who had sworn to \u2018…Almighty \u2018God\u2019 to tell the Truth\u2019 seemed to have encountered difficulties doing so, when he appeared to have calculatedly denied that he had witnessed the heinous crime, had impugned the reputation of criminal investigators and tarnished the image of the Police Service. Before \u2018…His Lordship Justice Lain Morley\u2019<\/strong> and an empanelled intelligence-endowed Jury, he testified on \u2018Oath\u2019<\/strong> to the members who were clearly not his peers, that it was the Police that had \u2018Lied,\u2019 when they wrote what he had not \u2018…Seen; …Told them; or …Said to them\u2019 <\/strong>in the \u2018…non-self written and non-binding \u2018Unsworn Police written-Statement.\u2019<\/strong><\/p>\n

ILLITERATE TO TELL LIES<\/strong><\/p>\n

Then likened to the \u2018humorous accusation\u2019 <\/strong>in \u2018King Obstinate\u2019s\u2019 song, the \u2018Star Crown Prosecution witness\u2019<\/strong> added more insult to injury by bringing the \u2018…intelligence; …professional competency and integrity of the criminal investigators into question. When he appeared before His Lordship, Justice Lain Morley and the Jury, he testified that he was \u2018…Too illiterate to Tell Police Lies.\u2019<\/strong> Incidentally, though his signature appeared on the \u2018…Police-written Unsworn Statement,\u2019<\/strong> subsequently made controversial by him, that which remains irrefutable is that, it was its contents that had caused the two murder-accused to be (a)<\/strong> …Arrested and charged; (b)<\/strong> …Committed; and (c)<\/strong> …Indicted on a murder charge,\u2019 they may or may not have committed.<\/p>\n

CARDINAL ERROR<\/strong><\/p>\n

In the Case \u2018…Queen v Dwayne Joseph,\u2019<\/strong> it may have been seen as a \u2018…Cardinal Error\u2019<\/strong> for \u2018criminal investigators and Crown Prosecutors\u2019 to have relied solely on \u2018…possible and reasonable suspected<\/strong> eyewitnesses accounts\u2019<\/strong> by potential witnesses of notoriety, and particularly, well known \u2018miscreants and convicted felons.\u2019 <\/strong>A convicted felon and \u2018…sole eyewitness for the Prosecution Carson Matthew,\u2019<\/strong> reportedly provided an eyewitness account of the tragic killing of former Pointe resident \u2018Jermaine \u2018Six Months\u2019 Destin.\u2019<\/strong> In a purportedly \u2018Self-dictated; …Unsworn Police-written Statement,\u2019 <\/strong>he accused \u2018Dwayne \u2018Littleman\u2019 Joseph and Ziggy Beazer\u2019<\/strong> of the tragic, coldblooded and senseless killing. Subsequently, the sole Crown eyewitness, Carson Matthew,\u2019 seemingly \u2018Smarting Under Illiteracy,\u2019<\/strong> as quickly as may have volunteered the eyewitness account to criminal investigators, as quickly the murder trial abruptly, disappointingly and abortively ended.<\/p>\n

DENIAL TESTIMONY<\/strong><\/p>\n

At the trial,\u2019<\/strong> in \u2018Denial Testimony\u2019<\/strong> on Oath Carson Matthew<\/strong> had not only startled the Court, but also grievously wounded the ego of \u2018Crown Prosecutor with the unexpected \u2018Uppercut.<\/strong>\u2019 After causing two possible innocent accused, \u2018…Dwayne \u2018Littleman\u2019 Joseph and Ziggy Beazer\u2019<\/strong> to languish agonizingly in the \u2018City Pen\u2019<\/strong> without trial for more than half a decade, the prosecution\u2019s main witness- Carson Matthew,\u2019 ironically, also known as \u2018Uppercut,\u2019<\/strong> by a suspected act of treachery had favored the \u2018Defence.\u2019 <\/strong>Crown Counsel Shannon Jones-Gittens, clearly not dropping her \u2018Prosecutorial Guard,\u2019 <\/strong>when unexpectedly, a devastating \u2018Uppercut\u2019<\/strong> was delivered by the \u2018Star prosecution witness Carson Matthew.\u2019 Maintaining a posture of denial, with firmness and vehemence, the prosecution\u2019s witness denied that he had shared information with criminal investigators, leading to their arrest and eventual institution of criminal proceedings against the murder-accused.<\/p>\n

PROSECUTORIAL DISCONTINUATION<\/strong><\/p>\n

The decision to abort the trial, appeared as reasonable as it may have been professionally considered by Director of Public Prosecutions (DPP), Anthony Armstrong. Through the prosecutorial prowess of, and professionally-competent \u2018Crown Counsel Shannon Jones-Gittens, he prudently directed a \u2018Prosecutorial Discontinuation\u2019<\/strong> [CO: 1981: Section 88: (i) (c)]. It could not be correctly said or considered a \u2018Nolle Prosequi,\u2019 <\/strong>as trial, in actuality, had already started. Though not necessarily for the prosecutorial position of the \u2018Crown Prosecutor<\/strong>, clearly the murder trial, pregnant with; (a)<\/strong> \u2018…Evidential inconsistencies and controversy; (b)<\/strong> …Treachery; and (c)<\/strong> …Denials of convenience,\u2019 \u00a0was all over for murder-accused \u2018Dwayne \u2018Littleman\u2019 Joseph, Justice Lain Morley and the mixed 12-member Jury [March 2, 2020].<\/p>\n

COURT\u2019S CONCERNS<\/strong><\/p>\n

Such sole reliance constitutes the \u2018Cardinal Error\u2019<\/strong> on \u2018…an Eyewitness Account\u2019<\/strong> of a convicted felon and a witness who may have difficulties with truthfulness. This may also have been further compounded by a possible \u2018hidden but avenging agenda and an irrefutable inordinate delay of trial.<\/strong> In criminal trials, it has often been the \u2018gravity of the crime; …persistency shown by accused persons; accompanied aggravation or violence used on the defenceless victims; duty to protect societal and maintaining the Rule of Law.\u2019 For instance, though not yet arrested, the gravity of an alleged criminal act such as when a Jamaican Pastor allegedly committed, this had not only outraged the Jamaican society, but also right here on social media.<\/p>\n

NON-JUDICIAL INTERVENTION<\/strong><\/p>\n

Such from a biblical perspective constitutes a \u2018Cardinal Sin.\u2019<\/strong> Conscious of the gravity and possible consequences, the \u2018Bugga\u2019<\/strong> ran from criminal prosecutions [ANR: March 9, 2020]. While Courts are mindful of the nature, gravity and associated aggravation, they are also mindful of that which might be seen as \u2018…adversely impacting on the freedoms and liberties of the individuals.\u2019<\/strong> It was with the judicial knowledge of His Lordship, Justice Lain Morley that a fellow-Briton was housed in an environment that had been consistent with his human dignity. Testament of this might be observed by an apparent \u2018non-judicial intervention\u2019<\/strong> by His Lordship Justice Lain Morley.<\/p>\n

FAVORABLE RESPONSES<\/strong><\/p>\n

After languishing and waiting agonizingly on remand for trial, \u2018…Fate Stepped In.\u2019<\/strong> Intended to bring respite to those \u2018Impounded without Trial,\u2019 <\/strong>His Lordship Justice Lain Morley may have been moved to provoke \u2018Favorable Responses\u2019<\/strong> by those with institutional care and prosecutorial responsibility to give some attention to the situation. This was intended to bring some respite to the inmates and more specifically, in bringing the almost \u2018…seven-year continuous remand and an effective end to the apparent; (a) …Misguided law enforcement deprivation of personal liberty through possible falsity of evidence; (b) …Ending the deceptive prosecution for murder; <\/strong>and (c) …<\/strong>Eventually saw the judicial restoration of liberty and freedoms to murder-accused \u2018Dwayne \u2018Littleman\u2019 Joseph\u2019 [March 2, 2020]. Whether likely or unlikely, they know they had to listen to His Lordship. The logical reason is this; if life circumstances are changed, they also may be institutionalized in the \u2018City Pen.\u2019 They may also experience the frustration and miseries \u2018social activist Jessica Simpson\u2019 <\/strong>has hinted as \u2018…currently exist; …obtain; and being endured\u2019<\/strong> by inmates in the \u2018City Pen.\u2019<\/strong><\/p>\n

CITY PEN MISERY<\/strong><\/p>\n

Whatever His Lordship may have impressed upon, or instilled in their minds the \u2018Joint Murder Indictments\u2019<\/strong> were \u2018Disjoined\u2019<\/strong> from his co-accused, \u2018Ziggy Beazer.\u2019<\/strong> He had reportedly encountered difficulties associated with psychiatric disorders.\u2019 Consequently, he was considered to have been in no \u2018Mental State\u2019<\/strong> to enter a plea of either \u2018Guilty or Not Guilty,\u2019 and be tried with co-accused \u2018Dwayne \u2018Littleman\u2019 Joseph.<\/strong> However, as fate sometimes has it, he languished in misery and sub-human conditions,\u2019 while on remand at the lone penal institution without trial for almost seven (7) agonizing and distressing years.<\/p>\n

SEVEN AGONIZING YEARS ON REMAND<\/strong><\/p>\n

From where His Lordship sits and adjudicates, it was obvious that it would have been to his judicial knowledge that there had been mounting complaints by prison inmates. These inter alia, would have included; (i) \u2018…Frustration and misery; (ii) …Mental affliction; and (iv) …Psychological disorientation.\u2019<\/em><\/strong> Therefore, reasonable inferences might be drawn that he may have given acute consideration to the inmates\u2019 lengthy remand and accommodation starved of adequacy beds and hygienic facilities. More importantly, His Lordship would have considered their \u2018…constitutional presumption of innocence and right to a fair trial within a reasonable time\u2019<\/strong> [CO: 1981: Section 15]. Likened to a \u201810-round Boxing contest\u2019 that ended in one round, a murder trial that may have lasted some five days, ended dramatically before \u2018…Star Prosecution witness, \u2018Carson Matthew\u2019 had completed his \u2018…Evidence in Chief.\u2019<\/p>\n

SENSE OF COMPASSION<\/strong><\/p>\n

The accused, previously jointly charged with co-accused \u2018…Ziggy Beazer\u2019 for the tragic killing of fellow Pointe resident \u2018Jermaine \u2018Six Months\u2019 Destin\u2019 [March 18, 2013], had the Indictments disjoined, due to a condition that necessitates \u2018psychiatric evaluation\u2019 at the Clare View Psychiatric Hospital. It was within \u2018…His Lordship Justice Lain Morley\u2019s judicial knowledge that (i) \u2018A fellow-Briton\u2019<\/strong> was in residency outside the Pen\u2019 (penitentiary); (ii) …Seized of existing prison conditions; and (iii) …His love of humanity.\u2019 Whether or not psychiatric assessment and prognosis were given to Crown Prosecutors, seemingly guided by an apparent deep \u2018Sense of Compassion,<\/strong>\u2019 His Lordship Justice Lane Morley\u2019 may have allowed his conscience and humanitarian feelings and judicial concerns\u2019 to further guide communication.<\/p>\n

INORDINATE TRIAL DELAYS<\/strong><\/p>\n

In these situations, people with no coping mechanisms\u2019 were not only known to have completely lost touch with society, but also had gone into insanity. Reasonable inferences might be drawn that \u2018His Lordship Justice Lain Morley\u2019<\/strong> may have quietly and discretely whispered the inmates complaints and his personal humanitarian concerns to the \u2018Justice Minister <\/strong>and \u2018Crown Prosecution Authorities\u2019<\/strong> of the deleterious impact the \u2018Inordinate Trial Delays\u2019<\/strong> were having on the inmates. As it affected murder-accused \u2018Dwayne \u2018Littleman\u2019 Joseph\u2019 and co-accused \u2018Ziggy Beazer,<\/strong>\u2019 His Lordship had given expedient judicial consideration to their plight on remand without trial\u2019 and the reportedly, \u2018sub-human and unlivable prison conditions.\u2019<\/p>\n

DEPOSITION – LEGAL FICTION<\/strong><\/p>\n

Though many things might be said of the attitude of the \u2018…Prosecution Witness,\u2019<\/strong> it could never be said that he had perjured himself by denying any part of the contents of the; (i)<\/strong> \u2018…Unsworn Police-recorded Statement;\u2019<\/strong> (ii)<\/strong> …Purportedly at the dictates of \u2018Carson Matthew; and (iii)<\/strong> …He was too \u2018Illiterate\u2019 and incapable <\/strong>of reading, writing or understanding anything the Police had written in the Statement.\u2019 However, he knew that what was written, he never told the investigator he saw \u2018…Dwayne \u2018Littleman\u2019 Joseph\u2019 blew out the brain of the deceased, \u2018…Jermaine \u2018Six Months\u2019 Destin\u2019 <\/strong>[October 18, 2013].<\/p>\n

UNSWORN POLICE-WRITTEN STATEMENT<\/strong><\/p>\n

Although in a previous \u2018Unsworn Police-written Statement\u2019<\/strong> purportedly; (i)<\/strong> \u2018…Self-dictated (ii)<\/strong> …Police-written; (iii)<\/strong> …Police witnessed; and (iv)<\/strong> …Police certified,\u2019 provided a rather graphic, but detailed \u2018…Eyewitness Account\u2019 of presumably, what he may have or may not have seen, the \u2018…Star Prosecution Witness,\u2019 possibly having quietly internalized the fact that while a friend languished innocently in jail and \u2018Dead man tells no tale,\u2019<\/strong> the man he had caused to be (a) \u2018…Arrested by Police; (b) …Committed by a Magistrate for possibly trial; and (c) …Indicted by the Director of Public Prosecutions (DPP) for trial by Jury,\u2019<\/strong> it was time that murder-accused \u2018Dwayne \u2018Littleman\u2019 Joseph\u2019<\/strong> be restored his full liberty and freedom.<\/p>\n

TOO ILLITERATE TO LIE<\/strong><\/p>\n

The \u2018Star Crown Witness\u2019<\/strong> testified that he was too \u2018Illiterate\u2019<\/strong> to have given criminal investigators such an account<\/strong> of the tragic incident. Though not so specifically interpreted as a \u2018Legal Fiction,\u2019 <\/strong>existing law speaks to a \u2018Statement\u2019<\/strong> that might be so considered in \u2018…Committal Proceedings\u2019<\/strong> as a \u2018Deposition.\u2019<\/strong> However, from professional training and knowledge, such \u2018Unsworn Police-written Statement\u2019 could never be so legally considered as a \u2018Deposition\u2019<\/strong> from previously examined testimony. In criminal prosecutions, it is neither about \u2018Fiction or Figment of Imagination.<\/strong>\u2019 From law enforcement perspective, it has always been about \u2018Factuality.\u2019<\/strong><\/p>\n

LEGAL FICTION<\/strong><\/p>\n

For any person to be successfully (a) \u2018…Prosecuted; (b) …Convicted; and (c) …Punished\u2019 for the crime of Perjury, he\/she shall have been previously subscribed to \u2018an Oath or made an Affirmation\u2019<\/strong> and had been judicially deponed before a Committal Magistrate. Such evidence then given under Oath, becomes a \u2018Deposition\u2019<\/strong> and witnesses become \u2018Deponents.\u2019<\/strong> This is all part of Law enforcement training. Under the \u2018Committal Proceedings,\u2019<\/strong> these actual and factual procedures for \u2018Preliminary Inquiry,\u2019 have been repealed and replaced with a \u2018Legal Fiction\u2019<\/strong> that an unsworn Statement, whether \u2018Self-written or Police written,\u2019 shall be called \u2018Deposition.\u2019<\/strong> It now appears that a self-proclaimed \u2018Illiterate Crown Witness Carson Matthew\u2019<\/strong> has not only put legislators to shame, but also positioned \u2018Crown Prosecutors\u2019<\/strong> to take innocent blame.<\/p>\n

THUNDER ON BURGA<\/strong><\/p>\n

Though not connected, but still a serious criminal act, not sure what the hell he may \u2018leggo\u2019<\/strong> (imposed) on my friend \u2018Calvin \u2018Burga\u2019 Harris.\u2019<\/strong> However, sure it would be nothing that his; \u2018…Sister Ineta Liburd and her family; …residents of the Donovan\u2019s community;<\/strong> and the …rest of the society\u2019 will certainly not be ceasing talk on in long time to come. Sure also that it would not be the \u2018Thunder\u2019 [1988: You Tube],<\/strong> that social commentator \u2018Kelvin Pope \u2018Mighty Duke,\u2019<\/strong> had yearned for. However, it is anticipated that His Lordship would provide \u2018Burga\u2019<\/strong> with adequate time to reflect upon his \u2018criminal transgressions,\u2019 and in particular in attempting to eliminate his sibling over family inheritance he may now not enjoy while being incarcerated for the utterly evil crime of murder.<\/p>\n

CONCLUSION<\/strong><\/p>\n

It can be safely and irrefutably said that \u2018Paper Committal\u2019 <\/strong>could mean \u2018Committal<\/strong> for Case and Prosecutorial Funerals.\u2019 <\/strong>The bell had toll for the funeral of a \u2018Murder Case.\u2019<\/strong> The tolling came after a gutsy Crown Counsel Shannon Jones-Gittens<\/strong> (daughter of former Barbuda Council Chairman Fabian Jones) \u2018bobbed and weave into a \u2018Vicious Uppercut\u2019 <\/strong>from \u2018Star Prosecution Eye Witness-Ingram Carson Matthew.\u2019 The swing was so perfectly timed, that it knocked the trial completely out and away from any legal directions\u2019 by \u2018His Lordship Justice Lain to the mixed 12- member Jury.\u2019 Consequently, it had removed it from further testimony and any consideration of a verdict of Guilty or Not Guilty, where Crown Prosecutors may have been overly ambitious in harboring thoughts of a \u2018Reasonable Prospect of Conviction.\u2019 <\/strong>That which shall always be remembered is that it is the duty of Juries, upon retirement to consider a Verdict, be it \u2018Guilty or Innocent.\u2019 <\/strong>The latter is a presumption before trial that until an accused person is tried and so found, or pleads guilty, as contained. In the \u2018Supreme Law of the nation- the Constitution\u2019<\/strong> [CO: 1981: Section 15].<\/p>\n

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Rawlston Pompey The apparent indecent haste in which some criminal proceedings were instituted against some accused persons, were not only often seen as being at variance with a \u2018…Reasonable Time\u2019 the Constitution provides for criminal investigations to be conducted, but also a \u2018…Reasonable Time\u2019 for such persons to stand before \u2018Adjudicators and Juries\u2019 to make […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-107656","post","type-post","status-publish","format-standard","hentry","category-featured"],"yoast_head":"\nCOMMENTARY: One Uppercut \u2013 Murder Case Knocked Out - Antigua News Room<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/antiguanewsroom.com\/commentary-one-uppercut-murder-case-knocked-out\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: One Uppercut \u2013 Murder Case Knocked Out\" \/>\n<meta property=\"og:description\" content=\"Rawlston Pompey The apparent indecent haste in which some criminal proceedings were instituted against some accused persons, were not only often seen as being at variance with a \u2018…Reasonable Time\u2019 the Constitution provides for criminal investigations to be conducted, but also a \u2018…Reasonable Time\u2019 for such persons to stand before \u2018Adjudicators and Juries\u2019 to make […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/antiguanewsroom.com\/commentary-one-uppercut-murder-case-knocked-out\/\" \/>\n<meta property=\"og:site_name\" content=\"Antigua News Room\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/antiguanewsroom\" \/>\n<meta property=\"article:published_time\" content=\"2020-03-13T14:02:01+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/mlavawteztbj.i.optimole.com\/w:auto\/h:auto\/q:mauto\/f:best\/https:\/\/antiguanewsroom.com\/wp-content\/uploads\/2017\/10\/judges-gavel-court.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"852\" \/>\n\t<meta property=\"og:image:height\" content=\"480\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Editor\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@AntiguaNewsRoom\" \/>\n<meta name=\"twitter:site\" content=\"@AntiguaNewsRoom\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Editor\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"19 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-one-uppercut-murder-case-knocked-out\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-one-uppercut-murder-case-knocked-out\/\"},\"author\":{\"name\":\"Editor\",\"@id\":\"https:\/\/antiguanewsroom.com\/#\/schema\/person\/36cac05ef6398fe56ae3e6317f8535c5\"},\"headline\":\"COMMENTARY: One Uppercut \u2013 Murder Case Knocked Out\",\"datePublished\":\"2020-03-13T14:02:01+00:00\",\"dateModified\":\"2020-03-13T14:02:01+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-one-uppercut-murder-case-knocked-out\/\"},\"wordCount\":3767,\"commentCount\":3,\"publisher\":{\"@id\":\"https:\/\/antiguanewsroom.com\/#organization\"},\"articleSection\":[\"Featured\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/antiguanewsroom.com\/commentary-one-uppercut-murder-case-knocked-out\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-one-uppercut-murder-case-knocked-out\/\",\"url\":\"https:\/\/antiguanewsroom.com\/commentary-one-uppercut-murder-case-knocked-out\/\",\"name\":\"COMMENTARY: One Uppercut \u2013 Murder Case Knocked Out - 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