{"id":180757,"date":"2023-07-27T14:19:02","date_gmt":"2023-07-27T18:19:02","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=180757"},"modified":"2023-07-27T14:19:02","modified_gmt":"2023-07-27T18:19:02","slug":"commentary-road-to-piccadilly-road-to-st-pauls-cemetery-2","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-road-to-piccadilly-road-to-st-pauls-cemetery-2\/","title":{"rendered":"COMMENTARY: Road To Piccadilly \u2013 Road To St. Paul\u2019s Cemetery"},"content":{"rendered":"
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Road To Piccadilly \u2013 Road To St. Paul\u2019s Cemetery<\/p>

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RAWLSTON POMPEY<\/p>\n

As the bereaved family of \u2018Bruce Greenaway 43;\u2019 his community, general public and by extension members of the wider society, seemed to have been unfamiliar with procedures in the conduct of criminal trials, most have not only become distraught, but have been forced to express open dissent. That which many people may have been gravely starved of, was procedural knowledge and understanding of these proceedings. As the \u2018Role of the Jury\u2019 is to judge the \u2018Facts of the Case,\u2019 the \u2018Practice Directions,\u2019 dictate that \u2018Trial Judges\u2019 shall recess those so empaneled to the \u2018Jury Room.\u2019 The instant \u2018Bruce Greenaway Murder Trial,\u2019 speaks to such recess and such prosecutorial\/trial practice.<\/p>

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PERSPECTIVE<\/p>

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Mandatory Curfew violator, Bruce Greenaway,\u2019 under \u2018hawk-eyed vision and vigilance of the \u2018JTF,\u2019 has been the only \u2018Detainee\u2019 not to have died of the deadly \u2018Covid-19 Pandemic.\u2019 To understand this commentary, is to ascertain why should it be accepted from at least one member of the \u2018Joint Task Force (JTF),\u2019 given the \u2018Benefit of Doubt,\u2019 supposedly acted under ; (i) \u2018The State-declared \u2018Public Emergency; (ii) Enforced the \u2018Mandatory Curfew Regulations;\u2019 (iii) \u2018Detained a \u2018Curfew violator: (iv) Yet appeared to have shown \u2018Gross Negligence\u2019 by not taking to, and handed him over to the nearest \u2018Dockyard Police Station for \u2018Safe custody; and\u00a0 (v) Whose his lifeless body was discovered at the isolated beach called \u2018Indian Creek\u2019 four days after his; (a) \u2018Detention; or (b) Arrest: or (c) Kidnap?\u2019 [April 13, 2020].<\/p>\n

BEGGING FOR JUSTICE<\/p>

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The contents speak to the \u2018Prosecutorial Outcome\u2019 of a \u2018Murder Trial\u2019 that have prompted \u2018Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens\u2019 to invite visitation upon a \u2018Ruling\u2019 that favored \u20184-Crown-indicted members of the \u2018State\u2019s Security Forces.\u2019 They were accused of \u2018Murdering Mandatory Curfew Violator, Falmouth resident Bruce Greenaway 43.\u2019\u00a0 Both his tragic \u2018Death and Murder Trial\u2019 continue to pain the hearts of his family, not only for its apparent questionable investigative and prosecutorial approaches,\u2019 but also begs for \u2018Criminal Justice\u2019 and satisfactory judicial closure. Dedicated to the enlightenment of \u2018Crown Counsel Karim Nelson.\u2019<\/p>\n

CONTINUING PROBING<\/p>

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As immediate family members continue to grieve over \u2018Bruce Greenaway Detention Death,\u2019 so too, has been their \u2018Continuing Probing\u2019 for answers from the \u20184-Joint-Task Force (JTF)\u2019 members.\u2019 Those indicted and criminally prosecuted for his murder, included: (i) Lance Corporal Shakiel Thomas 25; and Privates: (ii) Armal Warner 20; and Aliyah Martin 20; and Police Constable Jason Modeste 44.\u2019 The murder-accused persons were reported to have been anxiously awaiting \u2018Appellate Decisions\u2019 by the \u2018Eastern Caribbean Supreme Court (ECSC),\u2019 consequent of the \u2018Court-Ordered Not Guilty\u2019 decision [June 21, 2023].<\/p>

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DOOM FOR JUSTICE<\/p>\n

Irrespective of complexity or evidential deficiency, \u2018Directors of Public Prosecutions (DPP)\u2019 in their \u2018Public Prosecutorial Role,\u2019 shall not only look at \u2018Reasonable Prospect of Conviction.\u2019 It can be clearly seen that when such approach was taken, the legal terminology was to be seen as more adversarial to those victimized by crime, general public and by extension, the law-abiding citizens. This, undoubtedly, spells \u2018Doom for Justice.\u2019<\/p>\n

REASONABLE EXPECTATIONS<\/p>\n

In spite of the approach and practice, though it may not have been contrarily said, the term \u2018Reasonable Prospect of Conviction,\u2019 is capable of being described as an asinine approach to \u2018Public Prosecutions.\u2019 As it affects \u2018Criminal Public Prosecutions,\u2019 such approach speaks to that which in, and of itself, offends \u2018Reasonable Public Expectations.\u2019 This was being viewed from the perspective that prosecutions for acts of criminality, have never been, and shall never be contingent upon the \u2018Prospect of Convictions,\u2019 no matter how reasonable the prosecutorial thinking may be.<\/p>\n

ADMINISTRATION OF JUSTICE<\/p>\n

Such neither serves the public interest, nor the \u2018Administration of Justice.\u2019 Conversely, \u2018Criminal Assize Judges\u2019 in their capacity as \u2018Trial Judges and Adjudicators,\u2019 though guided by Law, shall look more carefully at that which serves the interests of the people and \u2018Protection of Society.\u2019 Looked at from adjudication, in discharging their adjudicating duties, \u2018likened to \u2018Crown Prosecutors,\u2019 Criminal Assizes Adjudicators\u2019 shall endeavor to deliver \u2018Rulings that which seek to protect society and strengthen the \u2018Rule of Law.\u2019<\/p>\n

DISGUISEDLY VACATED<\/p>\n

That said some \u2018Adjudicators\u2019 run the risk of being \u2018Disguisedly Vacated\u2019 from one \u2018OECS\u2019 jurisdiction to another, either for distorted or distracted reasons. Thus, prosecution and trial, shall generally serve the common and greater good.\u00a0 The recent \u2018Nolle Prosequi\u2019 of an-indicted female accused, kept punishingly and languishingly on bail for some \u20185-years,\u2019 was either made to be seen as \u2018Selective Prosecutions\u2019 or \u2018Prosecutorial Mockery\u2019 [ANR: July, 2023]. Such has never been the purpose of the \u2018Criminal Justice System.\u2019<\/p>\n

SHATTERING PUBLIC CONFIDENCE<\/p>\n

In fact, certain prosecutorial and adjudicating approach, not only has potential for \u2018Shattering Public Confidence,\u2019 but also for the general public to harbor certain perceptions of the \u2018Crown Prosecutors; eminent Judicial officers and by extension, the Judiciary.\u2019 Speaking to prosecutorial approach,\u2019 the \u2018Bruce Greenaway Murder Trial,\u2019 not only makes good reference, but also the point. From where he sat, \u2018Trial Judge, His Lordship, Justice Colin Williams\u2019 saw the \u2018Crown\u2019s\u2019 approach this way; \u2018There were two \u2018Points of Law\u2019 which intersected upon the consideration of \u2018No Case to Answer.\u2019<\/p>\n

EVIDENTIARY-CHALLENGED<\/p>\n

Crown Prosecutors appeared to have been \u2018Evidentiary-Challenged\u2019 in persuading \u2018His Lordship\u2019 with advanced \u2018Legal Arguments\u2019 that the 4-Murder-Accused had embarked upon a \u2018Joint Criminal Enterprise.\u2019 The \u2018Ruling\u2019 states; \u2018In the language of the \u2018Criminal Law,\u2019 a person who assists or encourages another to commit a crime is known as \u2018an Accessory\u2019 or secondary party; The actual perpetrator is knowns as the \u2018Principal\u2019 even if his role may be subordinate to that of others\u2019 [2016: UKSC 8: and 2016: UKPC 7: Paragraphs 63 and 65].<\/p>\n

PROSECUTORIAL DEATH<\/p>\n

There may have been where \u2018Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens and \u2018Crown Prosecutor Valston Graham,\u2019 have swam to \u2018Prosecutorial Death.\u2019 This appeared discernible by \u2018His Lordship\u2019s Ruling\u2019 and extensive legal citations. Noting that; \u2018When the Learned Director of Public Prosecutions (acting), Shannon Jones-Gittens opened the \u2018Crown\u2019s Case,\u2019 she pointed out: (i) \u2018There was no eyewitness in this matter and the Crown relied on \u2018Circumstantial Evidence,\u2019 which will require the \u2018Jury to draw conclusions\u2019 [Paragraph 14].<\/p>\n

JOINT ENTERPRISE<\/p>\n

Likened to empty cisterns or other forms of water catchments, if there was no water, then none can be drawn. Apply to \u2018Criminal Prosecutions,\u2019 if there was no evidence of whatever classification, no \u2018Reasonable Inferences\u2019 can be drawn. When the \u2018Crown\u2019 relied on the principle of \u2018Joint Enterprise\u2019 of persons working together,\u2019 it fell woefully short of substantiating evidence. Thus, at the close of the Case for the \u2018Prosecution,\u2019 that on which \u2018Crown Prosecutors\u2019 had placed heavy reliance, appeared never to have impressed \u2018His Lordship.\u2019 The facts were quite clear.<\/p>\n

MURKY PROSECUTORIAL WATERS<\/p>\n

There was no evidence of \u2018Conspiratorial Enterprise.\u2019 Prosecutorial Logic\u2019 dictates that where there was no \u2018Direct Evidence\u2019 (Eyewitness), \u2018Crown Prosecutors\u2019 taking this approach, will have been fishing in \u2018Murky Prosecutorial Waters.\u2019 From the \u2018Ruling,\u2019 it appeared that it was merely by happenstance that \u2018Lance Corporal Shakiel Thomas\u2019 encountered the \u2018Deceased\u2019 on the roadway at Falmouth\u2019 [April 9, 2020]. Prosecutorally and comprehending the legal terminology, \u2018His Lordship\u2019 prudently guided his thoughts to the approach taken by \u2018Crown Prosecutors.\u2019 These the \u2018Court\u2019 judicially identified as; (i) \u2018The law governing Joint Enterprise; and (ii) Circumstantial Evidence\u2019 [ANUHCR: 2021\/0047: Paragraph 13].<\/p>\n

FUTURISTIC APPROACH<\/p>\n

Seemingly guiding \u2018Futuristic Prosecutorial Approach\u2019 \u2018His Lordship\u2019 notes; \u2018The essence of \u2018Joint Enterprise,\u2019 is that more than one person shared in the intention to commit the offence, and took some part in its commission.\u2019 His Lordship sought to ensure that there shall be commonality of understanding of the \u2018Legal Concept\u2019 between the \u2018Adjudicator and Crow Prosecutor.\u2019 There were several cited authorities on this legal concept.\u00a0 The \u2018Ruling cites; \u2018The Law Lords of the Privy Council in the consolidate Cases; \u2018R v Jogee and Ruddock v The Queen.\u2019<\/p>\n

TRIAL OF AGONY<\/p>\n

It may have been seen as \u2018Insult to Justice\u2019 when criminal investigators formally interrogated Lance Corporal Shakiel Thomas\u2019 as to; (a) \u2018The Lawfulness of detaining the deceased \u2018Bruce Greenaway; and (b) His whereabouts for four days.\u2019 This appeared to have been the time \u2018JTF\u2019 member and \u2018Murder-Accused, may have realized that he was the \u2018Prime Murder Suspect.\u2019 Intent on giving no \u2018Incriminating Answers,\u2019 he was said to have given some \u201858 Repetitive Answers; \u2018I Have Nothing to Say.\u2019 Then there was the \u2018Trial of Agony.\u2019 At the \u2018Half-way Trial Stage,\u2019<\/strong> the proceedings ended with \u2018an Anti-Climax Ruling,\u2019 of \u2018Not Guilty\u2019 [ANUHCR: 2021\/0047: Paragraph 47: June 21, 2023].<\/p>\n

WHO MURDERED BRUCE GREENAWAY?<\/p>\n

Except the \u2018Murder-Accused\u2019 had taken the \u2018Witness Stand, the \u2018Jury\u2019 may not have heard of the deceased detention by Lance Corporal Shakiel Thomas,\u2019 under \u2018Emergency-Enforced Regulations.\u2019 They had no opportunity to hear from him why the \u2018Detainee\u2019 was not taken to the \u2018Dockyard Police Station\u2019 and handed over to the \u2018Police. These may have been among the most critical pieces of evidence that the Jury may have heard.\u2019 They were not only left in tenterhooks, but also to ponder over, and wonder;\u2019 (i) \u2018Who murdered Bruce Greenaway; and (ii) Who disposed of his body at the remote and desolate \u2018Indian Creek Bay\u2019 [Between April 9 and 13, 2020].<\/p>\n

PRIMA FACIE CASE<\/p>\n

In the case of \u2018No Case to Answer,\u2019 dependent upon the \u2018Ruling of the \u2018Court,\u2019 upon returning to the \u2018Court Room,\u2019 the Jury may simply be instructed by \u2018Trial Judge,\u2019 to declare an accused person \u2018Not Guilty.\u2019 If otherwise, then the trial continues. This speaks to the point where the \u2018trial Judge\u2019 has form the opinion that the \u2018Prosecution\u2019 has satisfied the Court that it has made out a \u2018Prima Facie Case\u2019 on the evidence so adduced, along with \u2018Authoritative Citations.\u2019 Even then, \u2018Courts\u2019 are primarily concerned with the substantive, qualitative and sufficiency of the evidence adduced.<\/p>\n

FORMAL ADDRESS<\/p>\n

Prosecutorally, in their \u2018Formal Address, \u2018Crown Prosecutors\u2019 may have gently reminded the \u2018Court and members of the Jury\u2019 of existed \u2018Stringent Measures\u2019 confining the citizenry to their respective residences. The \u2018Measures provided clear instructions to every citizen, whether or not challenged for literacy or hearing. Most importantly, \u2018Crown Prosecutors\u2019 may have led \u2018Formal Evidence\u2019 that the \u2018Court\u2019 may have taken \u2018Judicial Notice\u2019 of the \u2018Extra-ordinary One-Week Mandatory Curfew.\u2019 It states; \u2018Every person \u2018SHALL\u2019 remain confine in his or her place of residence (which includes his\/her porch; gallery; or yard space of his\/her home) to avoid contact with others who do not form part of his\/her immediate household occupant\u2019 [S.I. No.27 of 2020: Section 2 (2)].<\/p>\n

24-HOUR CURFEW<\/p>\n

Likened to the other nightly imposed \u2018Curfew,\u2019 the Jury may have recalled that \u2018ONLY\u2019 members of the \u2018Security Forcers\u2019 had; (a) \u2018Unrestricted; (b) Unchecked; (c) Unsupervised; and (d) Complete freedom of vehicular movement across the nation. Thus, the \u2018Court and members of the Jury\u2019 shall have been formally reminded of the; \u2018Mandatory 24-hour Curfew that was in effect from \u20186.00am Thursday 9, April, 2020 to 6. 00am Thursday, 16, April, 2020.\u2019 This was referred to in the \u2018Emergency Regulations as the \u2018Curfew Period\u2019 [Statutory Instrument: Section 3: No. 27 of 2020].<\/p>\n

CHOKING DEATH: UNSAFE CUSTODY<\/p>\n

That which \u2018Criminal Assizes Adjudicators\u2019 shall know is that the \u2018Day\/Night\u2019 \u2018Bruce Greenaway\u2019 was taken custody by the \u2018St. Paul\u2019s-Based Joint Task Force;\u2019 (a) \u2018No citizen could have been on the roadway seeking any \u2018Curfew Violator\u2019 to suffer a \u2018Choking Death;\u2019 or (b) None had accessed the \u2018Joint Task Force Military Outpost,\u2019 that was community-isolated, bushy-dreary.\u2019 Moreover, none could have been expected to have borne witness to; (i) \u2018The tragic demise; nor (b) Witnessed his release from the apparent \u2018Unsafe Custody\u2019 of \u2018Lance Corporal Shakiel Thomas 25,\u2019 be it at; (i) \u2018Piccadilly or Indian Creek.\u2019 None could have known (ii) Whether or not, he was released \u2018Dead or Alive,\u2019 as self-servingly claimed by the \u2018Accused Murderers\u2019 [April 9, 2020].<\/p>\n

NARROWED DOWN: MURDER SUSPECTS<\/p>\n

The body was discovered far away; (i) From his Falmouth residence; (ii) Piccadilly community; and (iii) Dockyard Police Station\u2019 [April 13, 2020]. Instructively, and logically, criminal investigators quickly \u2018Narrowed Down\u2019 the \u2018Murder Suspects\u2019 to; \u2018Joint Task Force (JTF) personnel; (i) \u2018Lance Corporal Shakiel Thomas 25; and Privates (ii) Armal Warner 20; and (iii) Aliyah Martin 20; along with (iv) Police Constable Jason Modeste 44.\u2019 Even at trial the Court also looked at their apparent suspicious involvement. The Trial Judge,\u2019 with discerning reasons notes; \u2018There may have been reason for suspicion; But the threshold of evidence to support the charge of murder and a successful prosecution, was patently absent\u2019 [ANUHCR: 2021\/0047: Paragraph 114].<\/p>\n

MURDER OR MANSLAUGHTER<\/p>\n

Clearly, a \u2018Jury\u2019 deprived of the opportunity to hear; (a) \u2018The accounts of \u20184-indicted Murder-Accused; (b) The summation of the totality of the evidence adduced; and (c) The legal directions of \u2018Criminal Assize Trial Judge, His Lordship, Justice Colin Williams,\u2019 may never know the legal interpretation of \u2018Malice Aforethought, whether \u2018Expressed or Implied\u2019 as an indictment for Murder\u2019 dictates and evidence so required, would have placed the \u2018Prosecution\u2019 in an awkward position to even show an alternative \u2018Manslaughter Verdict.\u2019\u00a0 These often guide informed prosecutorial decisions by \u2018Crown Prosecutors,\u2019 or rulings by Trial Judges; or verdicts by the Jury.\u2019<\/p>\n

EMERGENCY MEASURES<\/p>\n

From practical professional experience, during a \u2018State of Public Emergency,\u2019 the only persons with unrestricted movement, were combined teams of the \u2018Joint Defence Force\/Police Task Force.\u2019 It will have done no harm to any of the \u20184-Murder-Accused.\u2019\u00a0 craved the \u2018Court\u2019s indulgence in taking \u2018Judicial Notice\u2019 of those \u2018Emergency Measures,\u2019 will have indicated that it was the week, where only members of the \u2018Joint Task Force (JTF)\u2019 ruled the streets, by-ways; roadways and highways, and roamed freely around the nation of \u2018Antigua and Barbuda.\u2019<\/p>\n

DISCIPLINED FORCES<\/p>\n

The \u20184-Indicted-Murder-Accused Persons\u2019 that stood trial before a mixed-gender 9-member Jury, were not the ordinary members of society. Though they have been so ordinarily treated, in fact, they were widely known to be members of the \u2018Disciplined Forces.\u2019 These were members of; (i) \u2018The Antigua and Barbuda Defence Force (ABDF); and (ii) Royal Police Force of Antigua and Barbuda (RPFAB). The former provides security to the nation, while the latter is tasked with \u2018Protecting and Serving\u2019 every law-abiding, and the not so law-abiding citizens. None was a law unto him\/herself. They were bonded by; (i) \u2018Integrity; (ii) Transparency; and (iii) Accountability.\u2019<\/p>\n

JUDICIALLY-BOUND<\/p>\n

The \u2018Criminal Assizes Courts\u2019 have always been \u2018Judicially-Bound\u2019 to give consideration the advancement of countering \u2018Legal Arguments\u2019 by \u2018Public Prosecutors.\u2019 They would argue that; (a) \u2018The \u2018Prosecution\u2019 has made out a \u2018Prima Facie Case; and (b) The accused persons shall be called upon to go on their defence.\u2019 In the instant case, the 4-indicted murder-accused were; (i) \u2018Lance Corporal Shakiel Thomas 25; Privates; (ii) Armal Warner 20; and (iii) Aliyah Martin 20; and (iv) Police Constable Jason Modeste.\u2019 These accused persons were identified with membership within; (a) \u2018The Antigua and Barbuda Defence Force (ABDF); and (b) Royal Police Force of Antigua and Barbuda (RPFAB).\u2019<\/p>\n

FORMAL SIGNIFICANCE<\/p>\n

For its \u2018Formal Significance,\u2019 than of \u2018Evidential Value\u2019 to the \u2018Fact in Issue-Murder,\u2019 \u2018Crown Prosecutors\u2019 in their \u2018Opening Address\u2019 to the \u2018Court and Jury,\u2019 may have sought to impress upon the mind of the Court and Jury,\u2019 the existed abnormal state of affairs. Such may have positioned those with keen interest in dispensing justice to draw \u2018reasonable conclusions\u2019 as relied upon\u2019 [Paragraph 14 (ii)]. This may have guided better understanding that the \u2018Powers of Observation\u2019 possessed by members of the \u2018Security Forces\u2019 were neither challenged by; (a) \u2018Sleep deprivation; (b) Influenced by consumed spiritous contents of certain bottle.\u2019<\/p>\n

COMMONALITY OF UNDERSTANDING<\/p>\n

In any criminal trial, \u2018Presiding Judges\u2019 may order that a \u2018Verdict of Not Guilty\u2019 be recorded against any accused person who; (a) \u2018Pleads Not Guilty\u2019 in any Case in which the \u2018Prosecution\u2019 offers \u2018NO\u2019 evidence\u2019 against him\/her\u2019 [1965: Criminal Justice Act: Section 17: &: 1978: Police Promotion Handbooks: Criminal Evidence and Procedure: P 148]. From time immemorial, as part of criminal prosecutions and criminal trials, the practice of submitting and advancing \u2018Legal Arguments\u2019 on \u2018No Case to Answer\u2019 has been well documented. It has long been given for \u2018Commonality of Understanding\u2019 by Law enforcers with the benefit of advanced training in \u2018Criminal Prosecutions; Criminal Evidence and Court Procedures.\u2019<\/p>\n

4-ACCUSED WALKED FREE<\/p>\n

In \u2018No Case to Answer Submissions,\u2019 it allows for \u2018Legal Arguments\u2019 to be advanced by \u2018Defence Attorneys.\u2019 They may contend, inter alia that the; ((i) Public Prosecutors have not made out a \u2018Prima Facie Case\u2019 against the \u2018Accused person\/s; and (ii) They shall not be called upon to go on their defence.\u2019 In spite of public concerns, there was nothing absolutely and legally wrong with the apparent; \u2018Thought-Provoking Court Ruling\u2019 in the \u2018Bruce Greenaway Murder Trial.\u2019 Still, that which has provoked a wave of discontent; agonizing dissatisfaction; and open dissent\u2019 was when \u20184-members of the \u2018Security Forces,\u2019 stood accused of strangling him to death, \u2018Walked Free.\u2019<\/p>\n

DETAINED OR KIDNAPPED<\/p>\n

In instances where criminal investigators were seen as dilly-dallying for too long, with time on their side, \u2018Criminal Suspects\u2019 were known to have capitalized on opportunities to thwart investigative efforts.\u2019 The Case of \u2018Bruce Greenaway\u2019 makes the point. Either \u2018Detained or Kidnapped\u2019 by two members of the \u2018Military\/Police Joint Task Force (MPJTF)\u2019 [April 9, 2020], anxious family never heard of his whereabouts. Neither were family members told by \u2018Security Forces\u2019 personnel who had, and for what reasons he was \u2018Snatched\u2019 from the \u2018Falmouth Main Road.\u2019 Four days later rumors reportedly surfaced when his lifeless and partially-decomposed body was reportedly discovered, and fished from the mangrove-water at \u2018Indian Creek Bay.\u2019<\/p>\n

DYING AFTER DETENTION<\/p>\n

In investigative terms, \u2018Bruce Greenaway\u2019s\u2019 apparent mysterious disappearance from the supposedly \u2018Safe and Protective Custody,\u2019 appeared reek of suspicion. Moreover, \u2018Dying after Detention\u2019 by: (i) \u2018Lance Corporal Shakiel Thomas; and (ii) Sergeant of Police, Clint Spencer,\u2019 (actual\/constructive), appeared nothing short of being criminally questionable [April 9-13, 2020]. It begs the question; \u2018Who may have been held criminally responsible for his horrifying and tragic death?\u2019\u00a0 Clearly, at trial something fundamental may have been operating in the apparent curious-minded \u2018Trial Judge.\u2019<\/p>\n

STARTLING REVELATIONS<\/p>\n

Given the role played by indicted-murder-accused, \u2018Police Constable Jason Modeste\u2019 senior colleague, \u2018Sergeant Clint Spencer\u2019 in detaining\/arresting or possible \u2018kidnapping of Bruce Greenaway,\u2019 it appeared that the \u2018Sergeant may have been provoked by inquisitiveness. Seemingly, concerned over adverse circulating rumors pertaining to the discovery of the \u2018Detainee\u2019s\u2019 body, the \u2018Trial Judge\u2019 has made several intriguing,\u2019 yet \u2018Startling Revelations.\u2019 The thought-provoking Ruling\u2019 by \u2018Trial Judge\u2019 referred to a brief interactive conversation with \u2018Police Constable Modeste.\u2019<\/p>\n

CIRCULATING RUMORS<\/p>\n

His Lordship writes: \u2018The witness, Sergeant Spencer said that sometime in 2020; (a) \u2018He saw Mr. Modeste at the St. John\u2019s Police Station; (b) He told him that there were \u2018Rumors Circulating\u2019 regarding Bruce Greenaway; (c) Modeste told him \u2018\u2026I was not involved in what you are talking about; \u2026All I know, I never hit anybody.\u2019 Subsequently, in a \u2018Caution Statement\u2019 accessed by the Trial Judge,\u2019 His Lordship has further quoted him saying; (a) \u2018\u2026I do not know anything about the death of the gentlemen; and (b) \u2026I never beat or strangle anyone; and (c) \u2026That\u2019s the truth\u2019 [ANUHCR: 2021\/0047: Paragraphs 38 and 39]. Then \u2018Who actually killed Bruce Greenaway?\u2019<\/p>\n

SOLVABILITY FACTORS<\/p>\n

This \u2018Murder-Accused, Jason Modeste,\u2019 as well as co-accused \u2018Armal Warner and Aliyah Martin,\u2019 appeared to have been the \u2018Solvability Factors\u2019 to this heinous criminal act. However, apparent \u2018Investigative Incompetence\u2019 and \u2018Prosecutorial Impotence\u2019 have proven disastrously fatal. A proficient criminal investigator shall have known that; (i) \u2018Under a State of Public Emergency; and (ii) Under a Mandatory \u2018Dusk-To-Dawn\u2019 Curfew;\u2019 (a) \u2018No person in a helpless \u2018State of Intoxication\u2019 or \u2018Drunkenness,\u2019 could possibly have been walking through \u2018Piccadilly; or (b) Driving pass, or on \u2018Dr. Yele Akande Drive,\u2019 as noted in the \u2018Court\u2019s Ruling\u2019 [Paragraph 106], without being observed by members of the \u2018Joint Task Force (JTF).\u2019<\/p>\n

STRIKING OBSERVATION<\/p>\n

Though no evidence may not have been prosecutorally led, such as noted by the \u2018Trial Judge,\u2019 speaks to a rather \u2018Striking Observation.\u2019 Such deliberate notation, left to the mind of \u2018Reasonable Thinkers,\u2019 speaks to certain possibilities. Another vehicle travelling through,\u2019 Dr. Yele Akande Drive to areas in the immediate vicinity, including \u2018Indian Creek Bay\u2019 may possibly have been seen by members of the \u2018Security Forces.\u2019\u00a0 Conversely, those most logically and most likely to have known, would have been those that had lawful or unlawful custody of the \u2018Curfew Detainee.\u2019<\/p>\n

CHOKING DEMISE<\/p>\n

Clearly, the \u2018Jury\u2019 may have experienced little difficulty in discerning who may have dropped off the body of \u2018Bruce Greenaway\u2019 at the remote \u2018Indian Creek Bay,\u2019 following his arrest\/detention or possible kidnapping\u2019 [April 9-13, 2020]. It is instructive to note that even after his; (a) \u2018Tragic Choking Demise;\u2019 (b) His funeral service and burial; and (c) The trial of 4-members of a \u2018Joint Military\/Police Task Force (JMPTF),\u2019 up to this time, there have been no verifiable and officially-kept \u2018Records\u2019 of his \u2018Lawful Detention\u2019 [April 9-13, 2020]. This may have been evidence never adduced at the trial; never led; and never heard by the Jury\u2019 [March 20, 2023 to June 21, 2023].<\/p>\n

SAFETY AND PROTECTION<\/p>\n

Those that have never fought or investigate crime, may have little interest in the unfolding events. Authoritatively, none may neither rule out \u2018Gross Incompetence; Gross Negligence; Gross Recklessness.\u2019 Clearly, His Lordship\u2019s carefully prepared \u2018Summarization\u2019 of the unfolding events and judicial observations, appeared strictly confined to his role of adjudicator. Mindful of his adjudicating role and judicial duty, \u2018His Lordship\u2019 appeared not to have been totally convinced of that which may have transpired on the day the \u2018Deceased\u2019 was; (i) \u2018Detained; (ii) Conditions held; (iii) \u2018Duty of Care exercised; and (iv) His \u2018Safety and Protection,\u2019 in or out of custody [April 9, 2020].<\/p>\n

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 <\/p>\n

AGENTS OF STATE<\/p>\n

When the \u2018Agents of the State\u2019 were indicted and partially tried for the alleged violent and tragic death of \u2018Curfew-violation Detainee Bruce Greenaway,\u2019 they benefitted from; (a) \u2018Legal Arguments\u2019 advanced by their respective Attorneys; and (b) From the opinion formed by \u2018Criminal Assizes Judge, His Lordship, Justice Colin Williams.\u2019 As opposed to being \u2018Found Guilty,\u2019 the \u2018Murder-Accused\u2019 were declared \u2018Not Guilty.\u2019 This was consequential to \u2018Submissions of No Case to Answer.\u2019 \u2018His Lordship\u2019 was judicially-bound to indulge the Court in hearing the \u2018Legal Arguments.\u2019 Such arguments were reportedly strenuously countered by Crown Prosecutor, Valston Graham,\u2019 but found no favor with \u2018His Lordship.\u2019<\/p>\n

CITED AUTHORITY<\/p>\n

In the troubling \u2018Murder Trial,\u2019 in which 4-members of an apparently hurriedly put together \u2018Joint Task Force (JTF)\u2019 in; (i) \u2018The urgently declared State of Public Emergency; and (ii) Monitoring the duly imposed Mandatory \u2018Dusk-To-Dawn\u2019 Curfew.\u2019 Clearly, if criminal investigators rely solely on \u2018Accused Confessions,\u2019 criminal trials, whether by Juries, nor by \u2018Judge Alone,\u2019 would be few and far between. There will have been no need for Juries to listen to; (a) \u2018Tenuous summations of the evidence; (b) No need to take legal directions, whether properly or improperly from Trial Judges; and (c) No need to call upon Juries to retire to consider \u2018True Verdicts,\u2019 whether: (i) \u2018Guilty; or (ii) Not Guilty.\u2019<\/p>\n

ADMINISTRATION OF JUSTICE<\/p>\n

That which shall be understood, it has long been \u2018Settled Law,\u2019 as it allows for \u2018Trial Judges\u2019 to focus on \u2018Evidentiary Conviction,\u2019 as opposed to the \u2018Administration of Justice.\u2019 Clearly, at this stage of the proceedings the citied authority appears not to have considered the alternative verdict \u2018Acquittal.\u2019 In every Jury trial, except \u2018Hung Jury,\u2019 only one of two verdicts shall be applicable. For instance, if there was evidence to \u2018Found Guilt,\u2019 then it shall be so found and \u2018Convicted.\u2019 Conversely, if there was no evidence safe enough to convict, then \u2018Trial Judges\u2019 have a \u2018Judicial Duty\u2019 and responsibility to guide the knowledge and understanding of the Jury as to the applicability of \u2018Facts\u2019 to Law,\u2019 that the alternate verdict- \u2018Acquittal,\u2019 shall also be so informed.<\/p>\n

JUDGES OPINION<\/p>\n

Thus, under sub-paragraph (a) of the second limb of the \u2018Galbraith Case\u2019 herein referred and states; \u2018If the Judge forms \u2018The Opinion\u2019 that the \u2018Prosecution\u2019s Case, taken at its highest, a Jury properly directed, could not properly convict upon the evidence, a \u2018Trial Judge\u2019 may so uphold a \u2018No Case Submission.\u2019 A \u2018Trial Judge\u2019 shall not be faulted for so forming such opinion. [ANUHCR: 2021\/0047: Paragraph 3]. Even so, the \u20181981 Galbraith Decision,\u2019<\/strong> appeared reek of asininity. This assertion was made against the principle that speaks to \u2018Adjudicating Opinions\u2019 of \u2018Trial Judges.\u2019<\/p>\n

GLIMMER OF HOPE<\/p>\n

Though not necessarily surprising to the \u20184-Murder-Accused,\u2019 when the \u2018Not Guilty Ruling\u2019 made local and regional news, bereaved family members; community and general public; and by extension the rest of the nation, no one breathed \u2018Sighs of Relief.\u2019 There was nothing to laugh about. Then given appellate considerations, those clamoring for Criminal Justice,\u2019 saw a \u2018Glimmer of Hope\u2019 when \u2018Hope\u2019 was dashed and confidence shattered. In anxiety, they await the \u2018Appellate Decisions\u2019 with bated breath.<\/p>\n

OPEN VENTILATION OF TRIALS<\/p>\n

Both trials necessarily meant open ventilation of the \u2018Facts to the \u2018Jury of Peers.\u2019 Conversely, where a law so provides for \u2018Judge Alone Trials,\u2019 then those empowered to judge \u2018Facts and Law,\u2019 shall be mindful of their legal duties to the wider society. In the instant Case, it could never have been said that it was beyond \u2018His Lordship\u2019s\u2019 capacity in comprehending that \u2018Crown Prosecutor, Valston Graham\u2019 will have invited the attention of \u2018Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens.\u2019<\/p>\n

BORDERING TRAVESTY<\/p>\n

Both may have been dismayed over the \u2018Court\u2019s Ruling\u2019 that necessitated visitation by the \u2018Itinerant Eastern Caribbean Supreme Court (ECSC).\u2019 Lest any person misguides him\/herself, that the development \u2018Bordered Travesty,\u2019 it was certainly not so in the instant Case. That which shall be said is that the clever have often availed themselves of the services of competent practicing \u2018Defence Attorneys.\u2019 Hence, many that may have been reasonably suspected of heinous crimes, were known to have galvanized their resolve in remaining silent. Some may non-incriminatingly say: \u2018I have nothing to say.\u2019<\/p>\n

LAW: SYMBOLIZED CONSCIENCE<\/p>\n

It has been the public\u2019s view that the \u2018Law\u2019 shall never be seen as being deprived of its \u2018Symbolized Conscience.\u2019 Such may not be seen as comporting with the \u2018Constitution Order\u2019 [CO: 1981: Principles: \u2018D and E\u2019]. Still, looked closely at cited legal authority as contained in the Case; \u2018Regina v Galbraith\u2019 [1981: 2 AER: 1060], \u2018His Lordship\u2019 would have been judicially-guided into making four informed \u2018No Case to Answer Rulings.\u2019 There was no \u2018Eyewitness\u2019 to give evidential account\u2019 how \u2018Falmouth resident Bruce Greenaway,\u2019 came to his violent and tragic death.<\/p>\n

SECURITY QUARTET<\/p>\n

The \u2018Security Quartet,\u2019 have been ordered \u2018Not Guilty\u2019 by \u2018Criminal Assize Court Trial Judge, His Lordship, Justice Colin Williams\u2019 following favorable rulings on \u2018Submissions of No Case to Answer\u2019 [Loop: June 21, 2023]. Respecting the \u2018Murdered Curfew Violator,\u2019 had the \u20184-indicted-Murder-Accused,\u2019 called to their defences, the \u2018Jury of their Peers\u2019 may have heard that which was chronicled in the \u2018Decision of \u2018Criminal Assize Trial Judge, His Lordship, Justice Colin Williams.\u2019 It makes interesting reading to know that; \u2018Mr Thomas said that on the 9th<\/sup> April, 2020, he went to get water.\u2019<\/p>\n

SOLVABLE CRIME<\/p>\n

Criminal investigators endeavoring to solve easily \u2018Solvable Crimes,\u2019 often saw their efforts go in futility. This may have been evident in the; (a) \u2018Arrest, detention or kidnapped: (b) The four-Day disappearance;\u2019 and (c) The ultimate \u2018Strangulation Death\u2019 of Falmouth resident, Bruce Greenaway\u2019 [April 9 – 13, 2020]. Likened some \u2018Magistrates,\u2019 this may occur when \u2018criminal investigators hope, expect, prompt or persuade \u2018Criminal Suspects\u2019 to wave the \u2018Constitutional Presumption of Innocence\u2019 to give \u2018Confession Statements\u2019 [CO: 1981: Section 15].<\/p>\n

SCRAPE AND SCRAMBLE<\/p>\n

As it affects the human resource, \u2018Military and Police Commanders\u2019 appeared to have been taxed to their \u2018Wits-End.\u2019 Thus, in deploying suitable and responsible personnel for anticipated challenges, may have been nightmarish. It all started when the \u2018Covid-19 Pandemic\u2019 visited upon the nation [SI: No. 16 of 202: March 25, 2020]. Security Commanders, forced to \u2018Scrape and Scramble,\u2019 would have \u2018Scrambled\u2019 personnel with known propensities. \u2018Though the \u2018Wagner Mercenaries-Private Militia,\u2019 supplemental to the professional Russian Military,\u2019 may not have been widely known in this region, some \u2018Team members, have exhibited a comparable behavioral pattern.<\/p>\n

UNDESIRABLE AND UNTHINKABLE<\/p>\n

Though not necessarily deployed to do the \u2018Undesirable,\u2019 many have been accused of doing the \u2018Unthinkable.\u2019 From a strictly investigative perspective, no matter how methodical, astute or adept the criminal investigator may have been, no \u2018Trial Judge and Jury of Peers,\u2019 could have reasonably expected that there would have been \u2018Eyewitnesses\u2019 to the apparent \u2018Brutal Choking\u2019 of Bruce Greenaway,\u2019 while in detention of members of the \u2018Security Forces.\u2019 Even with open mindedness,\u2019 such could never have been the expectations of \u2018Judges and Juries.\u2019 Even with \u2018Emergency Pass Cards,\u2019 few may have had varying encounters with the uncouth; the insensitive; and the stupid.<\/p>\n

VOID OF SUPERVISION<\/p>\n

In their collective \u2018Judgement or Misjudgment,\u2019 the \u2018Security Commanders\u2019 reportedly teamed up \u2018Lance Corporal Shakiel Thomas\u2019 with assigned him supervisory responsibility of; (i) \u2018Himself: (ii) Privates Armal Warner: and Aliyah Martin (ABDF); while (iv) Police Constable Jason Modeste,\u2019 may have been left to his own devices. This evidently speaks to a very serious \u2018Void in Supervision.\u2019 Such appeared to have resulted in operational and problems and behavior seemingly not consistent with that obtained in highly disciplined organizations and well-supervised personnel.<\/p>\n

STRANGULATION MURDER<\/p>\n

That which affected the \u2018JTF\u2019 day\/night patrol, was the clearly avoidable allegation of the \u2018Strangulation Murder\u2019 of alleged \u2018Curfew Violator, Bruce Greenaway 43.\u2019 Seen as being non-compliant with the implemented \u2018Emergency Measures,\u2019 members so deployed and so \u2018driving-by,\u2019 apprehended the \u2018Falmouth resident. Though not necessarily endowed with \u2018Psychic Attributes,\u2019 this will have been the reflected Court\u2019 observations,\u2019 when \u2018Trial Judge, His Lordship, Justice Colin Williams wrote; (a) \u2018L\/CPL. Thomas was in half order: (b) He was wearing only part of his ABDF uniform, as Bruce Greenaway was sitting on the ground holding a bucket.\u2019<\/p>\n

RESISTING DETENTION<\/p>\n

Such may have attributed to the \u2018Detainee or Kidnapped\u2019 offering stiff \u2018Resistance\u2019 to his \u2018Detention.\u2019 Ensuring that \u2018Military\/Police Commanders were judicially-apprised, in the Ruling\u2019 of the Court, \u2018His Lordship\u2019 also identified a second \u2018drive-by colleague Soldier, Al Hilaire,\u2019 and \u2018Sergeant Clint Spencer,\u2019 being dressed in civilian clothing\u2019 [ANUHCR: 2021\/0047: Paragraph 22]. Though not necessarily, the same \u2018Joint Task Force Members,\u2019 many personnel were accused of wreaking havoc in most indigent communities. This has seen widespread \u2018Citizen\u2019s Dissatisfaction\u2019 of the hostile attitude exhibited, and overly-aggressive tactics employed by several of the unsupervised personnel.<\/p>\n

SYMBOL OF AUTHORITY<\/p>\n

That which the \u2018JTF\u2019 members appeared not to have known, appreciated or instructed, was that when fully clothed in \u2018Military and Police Uniforms,\u2019 such represents the \u2018Symbol of Authority.\u2019 The unmarked \u2018JTF-used maroon pickup vehicle, reportedly owned by the \u2018National Parks Authority,\u2019 neither represented to the \u2018Detainee\/Kidnapped-Bruce Greenaway,\u2019 a \u2018Symbol of Authority,\u2019 nor that he had an obligation to comply with whatever instructions that may have been given. Given his \u2018Violent and Mysterious Death,\u2019 adjudicating \u2018Judges and Juries,\u2019 know that \u2018Dead Men Tell no Tales.\u2019 No Court could have found it reasonable to have expected general public, statutorily placed under \u2018Strict Confinement\u2019 and facing perilous consequences of a fine and institutionalized confinement.<\/p>\n

JUDICIAL HIGHLIGHTS<\/p>\n

It appeared noteworthy to \u2018His Lordship\u2019 to have given \u2018Judicial Highlights of some apparent suspect accounts. Guided by \u2018Legal Authorities,\u2019 the only thing \u2018His Lordship\u2019 did not do, was overruling the \u2018No Case to Answer Submissions.\u2019 The \u2018Court\u2019 shall have better positioned the \u2018Jury\u2019 to cipher out, where was; (i) \u2018The \u2018Falmouth community: (ii) Dockyard Police Station: (iii) Clarence House-located \u2018Military Outpost: (iv) Piccadilly: and (v) Indian Creek.\u2019 Those with the \u2018Spirit of Discernment\u2019 would know that it was only \u2018Clever Criminals\u2019 may have traversed from \u2018Clarence House through the Piccadilly community to Indian Creek Bay\u2019 unnoticed and un-intercepted by a keenly observant \u2018Joint Task Force\u2019 [April 9, 2020].<\/p>\n

NO SWORN EVIDENCE<\/p>\n

There was \u2018No Sworn Evidence\u2019 to the Jury, whether from \u2018Eyewitnesses, or by any of the \u20184-Murder-Accused\u2019 of these \u2018Troubling Accounts.\u2019 This appeared more \u2018Guarded,\u2019 than it could have been considered \u2018Factual\u2019 or consistent with \u2018Truth.\u2019 His Lordship\u2019 continued; \u2018The totality of their accounts was that after they left the \u2018Base\u2019 with the prisoner in the tray of the pickup vehicle, while they were proceeding along \u2018Piccadilly Main Road, the straps to the hands of Bruce Greenaway were removed by Officer Modeste, and the prisoner was \u2018Released\u2019 from the \u2018JTF Custody\u2019 with a \u2018Caution\u2019 to comply with the \u2018Curfew Regulations\u2019 [Paragraph 19].<\/p>\n

AREA OF OPERATION<\/p>\n

A rather critical observation made by \u2018His Lordship, Justice Colin Williams\u2019 was the partial statement purportedly made by \u2018Murder-Accused, Aliyah Martin.\u2019 The \u2018Trial Judge, mindful in addressing the \u2018Court\u2019s mind on being fair and unbiased, and more importantly, non-accusatory, \u2018His Lordship\u2019 had \u2018early-o-clock\u2019 indicated the assigned \u2018Area of Operation\u2019 for the \u2018JTF Unit\u2019 as: (a) \u2018Falmouth; (b) English Harbor; (c) Dockyard; and (d) Piccadilly of St. Paul, Antigua and Barbuda\u2019 [ANUHCR: 2021\/0047: Paragraph 18]. Seemingly seized of certain information, \u2018His Lordship\u2019 appeared to have looked at two things;\u2019 (i) \u2018A close possibility; and (ii) An ideal opportunity.\u2019<\/p>\n

WORD PICTURE<\/p>\n

There shall be contingency planning for any rendezvous or unforeseen eventualities. Providing a \u2018Word Picture\u2019 of the area, then under the \u2018One-Week Mandatory Curfew,\u2019 for patrol coverage, \u2018His Lordship\u2019 appeared well apprised. Since residents were restricted to their home, assigned areas were accessible only by members of the \u2018Joint Task Force.\u2019 Early-o-clock, \u2018His Lordship\u2019 notes; \u2018Among the areas that travels passing the camera on the apartment of \u2018Dr. Yele Akande Drive\u2019 can lead to, is a dirt road that branches off to \u2018Indian Creek\u2019 where the body was discovered on Easter Monday (April 13, 2020) [Paragraph 34].<\/p>\n

OPPORTUNITIES AND POSSIBILITIES<\/p>\n

Moreover, as one of the murder-accused said; (i) \u2018He did not know where Bruce Greenaway lived; and (ii) Neither did he know where Indian Creek was,\u2019 could it be that \u2018His Lordship, Justice Colin Williams\u2019 may have been internalizing and rationalizing his thoughts as to be focusing on; (a) \u2018Opportunities; and (b) Possibilities\u2019 available to one or more, or all 4-murder-accused to guard against incrimination?\u2019 This may clearly have been evidence not available to \u2018Crown Prosecutors.\u2019 Notwithstanding, reasonable inferences, might still be drawn of the latter, given the \u2018Joint-Indictment.<\/p>\n

INTERESTING OBSERVATIONS<\/p>\n

\u2019 In spite of the \u2018Court\u2019s\u2019 Ruling,\u2019 \u2018Criminal Assize Judge, His Lordship, Justice, Colin Williams\u2019 has revealed several \u2018Interesting Observations.\u2019 He notes that; (a) \u2018The Defendants (Accused) all gave accounts either in; (i) Reports; (ii) Statements; or (iii) Interviews.\u2019 According to the \u2018Defendants,\u2019 after leaving the \u2018Base\u2019 they went to patrol in; (a) \u2018Piccadilly; (b) Then to Falmouth; and (c) Ended up journeying to St. John\u2019s\u2019 [Paragraph 36]. Consequent upon that which the evidence, there was no calling upon the \u2018Murder- Accused\u2019 to go on their defences.<\/p>\n

CHOREOGRAPHED EXPLANATIONS<\/p>\n

Though contents of the \u2018Ruling\u2019 may not have been judicially tested, the \u20184-Indicted Murder-Accused\u2019 appeared to have given perfectly \u2018Choreographed Explanations.\u2019 The claim that they had released the \u2018Detainee Bruce Greenaway\u2019 after; \u2018Turning off into \u2018Piccadilly [Paragraph 45], if not the legally-trained mind,\u2019 a Jury with an inquisitive mind may not only want to know \u2018Why amidst \u2018Covid and Curfew,\u2019 he was released, but also whether or not they would have been positioned to believe the \u2018Detainee\u2019 was in reality, \u2018Alive and Well.\u2019<\/p>\n

UNANSWERED QUESTIONS.<\/p>\n

Though it may not necessarily have been a frequent occurrence, in many instances, some criminal investigations were seen to have made reasonably proficient \u2018Crown Prosecutors\u2019 look impotent, while some criminal investigators were seen as professionally incompetent and inefficient. Given the many \u2018Unanswered Questions,\u2019 it begs more fundamental questions; (i) \u2018What prevented anyone of, or the \u20184-Murder-Accused\u2019 from asking the \u2018Detainee\u2019 where exactly he then lived?\u2019 [Paragraph 46]; (ii) Was the residential area of the \u2018Detainee\u2019 ascertained? and (iii) Was the road leading to \u2018Indian Creek off-limit to the \u2018JTF? A Jury may have been left with very little pondering to do.<\/p>\n

MODEST CUT ZIP TIE<\/p>\n

Respecting \u2018Murder-Accused Aliyah Martin,\u2019 the \u2018Court Ruling\u2019 quoted her saying; \u2018As they were going along the road (not identified), I heard the guy in the back of the truck said something along the lines of \u2018right here or right yah; Corporal Thomas pulled off the road; Constable Modeste went to the guy; I saw Modeste cut the \u2018Zip Tie\u2019 and \u2018HELPED\u2019 him out of the back of the vehicle.\u2019 Even as \u2018Indian Creek\u2019 was in the area so assigned; this \u2018Murder-Accused\u2019 was further quoted saying; \u2018We then patrolled \u2018Marsh Village, Piccadilly Main Road, Horsford Hill, Liberta and All Saints\u2019 [ANUHCR: 2021\/0047: Court Ruling: Paragraph 19].<\/p>\n

DETAINEE: CAUSING A LOT OF TROUBLE<\/p>\n

From an investigative view, that which have boggled the minds of \u2018Joint Task Force Commanders\u2019 may have been the courses of action by the \u2018JTF;\u2019 (i) \u2018If \u2018Bruce Greenaway\u2019s release was considered, just why he was still \u2018Zip Tied;\u2019 and (ii) Required physical \u2018HELP\u2019 from \u2018Constable Modeste\u2019 in alighting from the vehicle\u2019 [Paragraph 48]. Then when returning to Base around 1.00 pm, he was stopped by a female that the guy, \u2018Bruce\u2019 was \u2018Causing a Lot of Trouble\u2019 [Decision: Paragraph 45].<\/p>\n

UNWITNESSED DEVELOPMENTS<\/p>\n

Questions may have been posed by criminal investigators to ascertain, inter alia: (i) To whom did he cause the trouble; (ii) What exactly, if anything, the deceased had done; (iii) Where was the female at the time he was stopped; and (iv) Who was the female?\u2019 Though academic, answers to these questions may possibly have revealed the \u2018Lance Corporal\u2019s \u2018Attitude\u2019 towards the \u2018Female and Detainee.\u2019 Seemingly, given good reasons to carefully look at the \u2018Unwitnessed Developments, \u2018His Lordship\u2019 notes; (v) \u2018Mr. Thomas\u2019 tried to speak with Mr. Greenaway; (vi) Sergeant Spencer arrived and helped in detaining Mr. Greenaway; and (vii) The \u2018Detainee\u2019 was taken in the \u2018JTF\u2019 pickup to the Base\u2019 (no location given).<\/p>\n

INTOXICATED\/DRUNK<\/p>\n

Then upon his arrival at the \u2018Base;\u2019 (a) \u2018Mr Thomas informed officer Modeste of the detained man in the vehicle; (b) Mr. Thomas said that he, Mr. Modeste was going to release the detain man, because he assessed the situation and saw that the guy was \u2018Intoxicated or Drunk.\u2019 That which appeared even more mindboggling were the \u2018Troubling Explanations;\u2019 (c) \u2018Mr. Thomas said having left the \u2018Base,\u2019 on patrol with the other soldiers.\u2019 By these explanations, it may not only have struck a keenly observant \u2018Trial Judge\u2019 as unusual, but also defensively self-serving.<\/p>\n

UNIDENTIFIED FEMALE<\/p>\n

This clearly may have been the juncture a \u2018Trial Judge\u2019 may have given the \u2018Jury\u2019 the benefit of hearing from the \u2018Murder-Accused\u2019 what, (if any decision); (i) Was made by the Police in dealing with Bruce Greenaway: (ii) Why he was picked up at Falmouth (vicinity of the \u2018St. Paul\u2019s Anglican Church) [Paragraph 21]; (iii) Why he was released after turning right into Piccadilly; (iv) Why released a \u2018Curfew Detainee\u2019 reported by \u2018an unidentified female to be \u2018Causing\u2019 a lot of \u2018Trouble;\u2019(v) What informed the decision to release a \u2018Detainee\u2019 that \u2018Modeste reportedly said to have been \u2018assessed to be either \u2018Intoxicated or Drunk\u2019 [Paragraph: 45].<\/p>\n

SOURCE OF INFORMATION<\/p>\n

Whatever may have been the \u2018Source of Information,\u2019 \u2018His Lordship notes: (i) \u2018Mr. Thomas said that when \u2018Bruce Greenaway\u2019 was detained, at this time the virus was going around, and we are not taking chances in putting him on the inside with us; (ii) Mr. Thomas said the protocol when someone was found breaking the Curfew, was that the Police would make the decision what to do with them.\u2019 The paragraph finally ended; \u2018The Second Defendant (Accused Lance Corporal Shakiel Thomas), also said that he was not sure where \u2018Bruce Greenaway Lived\u2019 [Paragraph 45]. With no reference to testifying before the Court, this appeared neither to have been evidence heard by the Jury, nor given by \u2018Murder-Accused Lance Corporal Shakiel Thomas.\u2019<\/p>\n

EXISTED CIRCUMSTANCES<\/p>\n

From \u2018His Lordship\u2019s\u2019 legal background and previous professional practice, few thoughts may have escaped his imagination. His Lordship was well-positioned to distinguish a \u2018Quack\u2019 from a Duck.\u2019 Though the \u20184-Murder-Accused\u2019 were never called upon to go on their respective defences, a \u2018Court and Jury\u2019 formally reminded of \u2018Existed Circumstances,\u2019 may have given acute consideration as to whether or not those on \u2018Jury Trial\u2019 were truthful about the \u2018Detainee\u2019s release from their \u2018Safe Custody.\u2019<\/p>\n

ON PATROL<\/p>\n

Seemingly being the authorized driver, the \u2018Lance Corporal; \u2018After turning right into \u2018Piccadilly,\u2019 he was given a reminder by the Police (Modeste) \u2018to drop off the guy; (g) He stopped the vehicle; (h) Mr Modeste got out: (i) Removed the plastic ties from Bruce Greenaway\u2019s hands; and (j) Returned to the vehicle.\u2019 Then the \u2018Quartet\u2019 proceeded to patrol Marsh Village; through Piccadilly, back to Cobbs Cross and Falmouth; (k) Their eventual return to \u2018Bushy-Based Outpost\u2019 near to Clarence House\u2019 about 4. 00 pm, then left on patrol again about 8. 00 pm\u2019 [Paragraph 45]. There may have been good reasons to avoid any mention of \u2018Indian Creek.\u2019<\/p>\n

SWORN EVIDENCE<\/p>\n

Though \u2018Second-Murder-Accused Shakiel Thomas\u2019 had not, optionally; (i) \u2018Taken the \u2018Witness Stand\u2019 to give \u2018Sworn Evidence; or (ii) Made a \u2018Statement\u2019 from the Prisoner\u2019s Dock,\u2019 the Court knew that a \u2018Question and Answer Interview\u2019 was conducted and recorded by lead investigator, Inspector Theodore Horne.\u2019 This speaks to adequacy of time for this \u2018Murder-Accused\u2019 to have planned his defence. This may have been discerned from the observation made by \u2018His Lordship Justice, Colin Williams.\u2019<\/p>\n

USELESS POLICE INTERVIEW<\/p>\n

Bringing a \u2018Public Prosecutorial Background,\u2019 to the \u2018Criminal Assize Courts,\u2019 there shall be no doubt that \u2018His Lordship,\u2019 had observed a clearly lengthy and pathetically \u2018Useless Police Interview.\u2019 Such \u2018Interview\u2019 may either have been; (a) \u2018Procedurally tendered; (b) Judicially admitted and marked\u2019 as \u2018Documentary Evidence.\u2019 It may have been evidentially-useless reading it into the criminal proceedings, merely as a formality.\u2019 Observing the behavioral response of the \u2018Custodian\u2019 of the \u2018Arrested\/Detained\/Kidnapped\u2019 \u2018Curfew Violator,\u2019 it was obvious that there were more questions than the custodian could have answered.<\/p>\n

DETAINED LAWFULLY OR KIDNAPPED<\/p>\n

Since there exists no official record of \u2018Lawful Detention or Arrest,\u2019 His Lordship noted his observations of \u2018Murder-Accused Lance Corporal Shakiel Thomas.\u2019 Avoiding incriminating himself in the heinous crime, he provided very brief answers to certain direct questions posed to him by lead investigator \u2018Inspector of Police, Theodore Horne.\u2019 In the \u2018Court\u2019s Decision,\u2019 that have befuddled brain; rocked deceased detainee\u2019s family; and outraged the public conscience, \u2018His Lordship\u2019 cited the following exchange that occurred during the interview, between questions: \u201917; 18; 19; and 20\u2019 [Paragraph 47].<\/p>\n

MIND OF THE COURT<\/p>\n

Reasonable inferences may have been, and could still be drawn from the \u2018Court\u2019s Decision\u2019 that something interesting, if not troubling may have been operating in the \u2018Mind of the Court.\u2019 The questions posed, spoke to a \u2018Certain Mindset.\u2019 When being interrogated, the investigator reportedly asked; (17) \u2018Did you murder Bruce Greenaway? Answer; \u2018No Sir: (18) Do you know how Bruce Greenaway came to his demise? Answer: No Sir; (19) Were you present when Bruce Greenaway was murdered? Answer: No Sir; and (20) What part did you play in the death of Bruce Greenaway? Answer: None.\u2019 These are not only \u2018non-incriminatory,\u2019 but also \u2018Self-Serving Answers.\u2019<\/p>\n

INTERVIEWEE PRESSED: \u20186 1\/2 HOURS\u2019<\/p>\n

Some criminal investigators often appeared to have believed that these were known to have helped in solving crime. He \u2018Lordship writes; \u2018Mr Modeste was \u2018Pressed\u2019 by the interviewer\u2019 as to whether he murdered \u2018Bruce Greenaway on Thursday 9, 2020.\u2019 Undoubtedly, \u2018Balaam Donkey,\u2019 would have known the \u2018Answers\u2019 the \u2018Interviewer was eliciting. The answer was; (a) \u2018No Sir; (b) Never beat; (c) Never strangle; and (d) I never murder Bruce.\u2019 The \u2018Trial Judge\u2019 further observed; \u2018The Inspector proceeded over the next \u2018Six and a Half Hours\u2019 to interview Mr. Modeste\u2019 [Paragraph 40].<\/p>\n

USEFUL INFORMATION<\/p>\n

Still no \u2018Useful Information,\u2019 nor anything of evidential value was obtained. Clearly, the time exhausted in futility, may have been leisurely spent \u2018Zipping\u2019 through the dense vegetation on the \u2018Fig Tree Drive Zipline.\u2019 Given these notations, were \u2018His Lordship; Jury of Peers; Crown Prosecutors; and Members in the public gallery\u2019 have been amused or amazed about the \u2018Questions\u2019 posed by the investigator and the \u2018Answers\u2019 given by \u2018Murder Accused, Police Constable Jason Modeste?\u2019 [Paragraph 44].<\/p>\n

JUDICIAL OBSERVATIONS<\/p>\n

Making further \u2018Judicial Observations,\u2019 \u2018His Lordship\u2019 notes that: \u2018On the 22 May, 2020, the lead investigator, Inspector Horne, interviewed the \u2018Second Defendant\u2019 (Shakiel Thomas), in the presence of his Lawyer Mr. Laurence Daniels and Major Alando Michael of the \u2018Antigua and Barbuda Defence Force (ABDF). His Lordship wrote; \u2018For most of the sixty-two (62) questions, Lance Corporal Thomas indicated that \u2018He had Nothing to Say\u2019 (58 times). This appeared mindboggling, since this \u2018Lance Corporal was said to have been the \u2018Security Forces\u2019 Personnel that; (i) \u2018Initiated the \u2018Deprivation of Bruce Greenaway\u2019s Liberty; and (ii) He reportedly drove away with the \u2018Curfew-violator\u2019 in the back of a red \u2018Joint Task Force (JTF)\u2019 Pickup alive and well\u2019 [April 9, 2020].<\/p>\n

DICTUM OF LORD GODDARD LCJ<\/p>\n

Not infrequently, when \u2018Criminal Assize Trial Judges\u2019 follow the legal maxim ascribed to eminent \u2018Jurist, Rayner Goddard, Lord Chief Justice,\u2019 they are subjected to open dissent and public ridicule. Research has shown that the following \u2018Dictum\u2019 was attributed to the then \u2018British Law Lord,\u2019 saying; \u2018Although it is unfortunate that a guilty party cannot be brought to justice, it is more important that there should not be a miscarriage of justice; and the law maintained that the \u2018Prosecution should prove its case\u2019 [1955: R v Abbott: 2 QB: 497].<\/p>\n

DEPRIVATION OF LIBERTY<\/p>\n

This will have been appropriately referred to by \u2018Criminal Assize Judge, His Lordship, Justice Colin Williams.\u2019 In the widely reported \u2018Mandatory \u2018Dusk-To-Dawn Curfew Detainee, Bruce Greenaway.\u2019 Deprived of Liberty\u2019 by; (i) \u2018Sergeant of Police Clint Spencer; and (ii) Placed into the physical custody of \u2018Lance Corporal Shakiel Thomas 25,\u2019 he was also \u2018Deprived of Life [April 9, 2020]. Mysteriously, some four days later, his partially-decomposed body was reportedly discovered among \u2018Mangrove trees,\u2019 then growing at the water\u2019s-edge at \u2018Indian Creek Bay\u2019 [April 13, 2020].<\/p>\n

COURT ROOM TO JURY ROOM<\/p>\n

Likened to the \u2018Soldiers of the \u2018Old Grand Duke of York,\u2019 the \u2018Juries\u2019 were marched from the \u2018Court Room\u2019 into the \u2018Jury Room.\u2019 This allowed for; (i) \u2018Defence Attorneys; and (ii) Crown Prosecutors to advance \u2018Legal Arguments\u2019 as to whether; (a) \u2018Crown Prosecutors\u2019 had made out a \u2018Prima Facie Case\u2019 against the \u20184-indicted-Murder accused; (b) Whether or not, the evidence adduced, taken at its highest; and (c) The adjudicating Judge, properly directed himself. Moreover, would it have been fatal to call upon the \u2018Murder-Accused\u2019 to go on their defence?\u2019 In \u2018No Case to Answer Submissions,\u2019 these have always been left to the consideration of \u2018Trial Judges.\u2019<\/p>\n

CONCLUSION<\/p>\n

In the instant case, the \u2018Trial Judge, having looked at the evidence adduced by the \u2018Prosecution, and applying \u2018Facts to Law,\u2019 decided that it was unsafe to place the \u2018Fate of the Accused\u2019 under the consideration of the Jury. Had it been otherwise, and decided upon a ruling that favored the \u2018Crown Prosecutors,\u2019 then likened to the \u2018Grand Old Duke of York Soldiers,\u2019 the \u2018Juries\u2019 would have been marched from the \u2018Court Room\u2019 into the Jury Room.\u2019 Then after considering a \u2018True Verdict,\u2019 likened to those \u2018Duke Soldiers,\u2019 they would have been marched back into the \u2018Court Room,\u2019 with either a \u2018Verdict of Guilty or \u2018Not Guilty.\u2019 Whichever may have been the verdict, the \u20184-Murder-Accused may either have been; (a) \u2018Discharged from further trial; or (b) Face consequences that might have been \u2018Institutionally Perilous.\u2019 The \u20184-Murder-Accused,\u2019 still has a chance to escape a new trial, as they await pending \u2018Appellate Decisions\u2019 form the Eastern Caribbean Supreme Court (ECSC).\u2019 God Save the Judges\u2019 and \u2018God Save Criminal Ju<\/p>\n

\"\"<\/a><\/div>","protected":false},"excerpt":{"rendered":"

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