COMMENTARY: One Uppercut – Murder Case Knocked Out

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 ‘…Reasonable Time’ the Constitution provides for criminal investigations to be conducted, but also a ‘…Reasonable Time’ for such persons to stand before ‘Adjudicators and Juries’ to make a determination of either ‘Conviction or an Acquittal.’ 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 ‘…public, official and judicial scrutiny.’ Though it may not necessarily be so, invariably, ‘accused persons’ are forced to harbor thoughts of being subjected to ‘…systemic spite and extra-judicial punishment,’ particularly for accused persons on ‘…remand for un-bailable criminal acts.’

LONE EYEWITNESS

Though not physically possible of being delivered, a ‘verbal uppercut’ to a ‘Murder Trial,’ has the same devastating effect of a ‘Knock Out,’ as an uppercut delivered physically to the chin of a ring boxer. In this scenario, one delivered by a street smart character with ‘Judas Iscariot-like treacherous trait’ and ‘Star Prosecution witness Carson Matthew,’ 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 ‘Crown Counsel Shannon Jones-Gittens.’ In the recent murder trial, ‘Queen v Dwayne Joseph,’ the trial had not only been fouled by the evidence of a supposedly ‘Lone Eyewitness’ to the tragic killing of ‘Jermaine ‘Six Months’ Destin,’ but was overwhelmed by a sudden and unexpected ‘Uppercut’ to the Case against murder-accused ‘Dwayne ‘Littleman’ Joseph,’ and a suspected ‘mentally-challenged’ co-accused, Ziggy Beazer.’

SPECIAL COMMENTARY

This ‘Special Commentary’ 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) ‘…Committal Proceedings; and (b) …Certain procedures pertaining to Criminal Trials.’ It specifically looks at a ‘…Dangerous Uppercut,’ that was unleashed by ‘Star Prosecution Witness, Ingram Carson Matthew. It now begs the question, ‘…Was Star Prosecution witness, Carson Matthew ‘Literate’ to understand this fact, or just too ‘Illiterate’ to tell lies?

ADVANCE WARNING

This may very well be the darn last commentary you are reading for this month. Not sure what the hell the ‘Burning Flames’ meant, when they sang, ‘Worky-worky’ or Colin Lucas’ ‘Dollar – Dollar Wine’ song. Quite sure it was not a darn thing that one would not wish to ‘Wine and Dine’ for, or bitterly complain about. Any darn ‘Grumpy Person,’ not intending; (i) ...To grasp some knowledge from this Feature; (ii) …Decides to focus on that which enlightens him/her not;  or (iii) …Disagreeably complains that it is too darn ‘Worky-worky,’ Na-a-ah, ‘Wordy-wordy,’ runs the risk of not seeing the ‘Uppercut’ 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 ‘Good Lord’ to increase tolerance and understanding. What else; ‘appreciation.’ Guess what! After sipping a bit of brandy, sing or work without any darn ‘fussing, scratching or biting.’ As in boxing ‘Stop’ when the referee says ‘Break.’ Not sure if you can get away from ‘Corona V,’ be careful to protect your darn selves at all times.

TRAP TO DEATH

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. ‘Doctors; …Surgeons; and Nurses’ 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, ‘Was the deceased ‘Jermaine ‘Six Months’ Destin’ unsuspectingly lured into the ‘Trap to Death by one or more of the other three men?’

NIGHT TRAGEDY STRUCK

On the Night of March 18, 2013,’ Tragedy Struck’ the Villa Community. Gunshots reportedly rang out in rapid succession on the street.’ Aware of what such sounds meant, panicked residents, including ‘…Ingram Carson Matthew,’ incidentally answers to the alias ‘Uppercut,’ 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 ‘…bleeding; wincing in pain; …gasping for breath; or …not at all breathing.’ Fatally wounded was ‘Jermaine ‘Six Months’ Destin.’ Though figuratively and there was no bucket, he had ‘kicked the bucket.’

CRANIUM SHATTERED

A Pointe resident had either walked on the wrong street; or rubbed someone the wrong way or had found himself at a place, seemingly ‘pre-determined for him to die.’ In the instant case, neither the viewing medical practitioner, nor the performing pathologist had been called to testify to his ‘Findings and Cause of Death.’ Nonetheless, there has been sufficient privileged information on, and knowledge of the incident provides for a brief, but an extraordinary ‘Graphic Account.’ 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 ‘Cranium Shattered’ like glass, it was instant death.

BRAIN MATTER OOZED

Where he motionlessly lay, brain matter had reportedly oozed from the gaping opening to the back of the deceased’s head. The street covered with his curdled blood, as he helplessly and profusely ‘…bled from the head, ears, nose and mouth; finally gasping for breath.’ 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.’ These are not only associated with vicious gun crimes, but also the inescapable harsh realities of the punishment, ‘Vicious Men’ invariably exacted on other ‘Vicious Men.’ These are undoubtedly, the harsh realities of life.

HOSTILE ENVIRONMENTS

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

CODES OF SILENCE

Residents of these communities share the same commonalities; ‘chronic poverty and constant misery.’ 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) …Areas are demarcated and controlled; (b) …Dominance is established; (c) …Fear is injected; and (d) …The targeted is eliminated.’ There is a ‘…Strict Code of Silence.’ Penalties for breaches are to be imposed swiftly and exacted on transgressors punitively and harsh. Thus, residents are often ‘tight-lipped.’ Thus, residents shall be compliant with the ‘…Cardinal Principle: ‘…See nothing; …Hear nothing;’ and …Say nothing.’ These have not only been predestined and inescapable, but also continue to be among the harsh realities of life. ) Invariably, there is a ‘Score,’ and besides monetary debt, some other darn thing has to be settled. Thus, in these communities, only the toughest survives.

DECEITFUL EYEWITNESS

It has been said that a person can hide from a thief stealing a pig, but cannot hide from a ‘Barefaced Liar.’ Undoubtedly, it was an apparent ‘Deceitful Eye-Witness Account’ of a gruesome murder and the apparent ‘pitiless simplicity and susceptibility’ of criminal investigators, in believing the suspiciously manufactured account’ that had caused immense emotional and psychological stresses to the ‘two constitutionally-presumed innocent men’ [CO: 1981: Section 15]. In the instant case, it has been the ‘Deceitful Denial’ that not only saw a murder trial ended dramatically, but also prosecutorially embarrassing for Crown Prosecutor Shannon Joes-Gittens.  The self-proclaimed ‘illiterate,’ 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’s witness denied implicating the accused in the heinous crime.

POLICE TIEF ME PIG

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

TIEFING PIG – TELLING LIES

The ‘…Star Prosecution’s Witness’ who had sworn to ‘…Almighty ‘God’ to tell the Truth’ 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 ‘…His Lordship Justice Lain Morley’ and an empanelled intelligence-endowed Jury, he testified on ‘Oath’ to the members who were clearly not his peers, that it was the Police that had ‘Lied,’ when they wrote what he had not ‘…Seen; …Told them; or …Said to them’ in the ‘…non-self written and non-binding ‘Unsworn Police written-Statement.’

ILLITERATE TO TELL LIES

Then likened to the ‘humorous accusation’ in ‘King Obstinate’s’ song, the ‘Star Crown Prosecution witness’ added more insult to injury by bringing the ‘…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 ‘…Too illiterate to Tell Police Lies.’ Incidentally, though his signature appeared on the ‘…Police-written Unsworn Statement,’ 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) …Arrested and charged; (b) …Committed; and (c) …Indicted on a murder charge,’ they may or may not have committed.

CARDINAL ERROR

In the Case ‘…Queen v Dwayne Joseph,’ it may have been seen as a ‘…Cardinal Error’ for ‘criminal investigators and Crown Prosecutors’ to have relied solely on ‘…possible and reasonable suspected eyewitnesses accounts’ by potential witnesses of notoriety, and particularly, well known ‘miscreants and convicted felons.’ A convicted felon and ‘…sole eyewitness for the Prosecution Carson Matthew,’ reportedly provided an eyewitness account of the tragic killing of former Pointe resident ‘Jermaine ‘Six Months’ Destin.’ In a purportedly ‘Self-dictated; …Unsworn Police-written Statement,’ he accused ‘Dwayne ‘Littleman’ Joseph and Ziggy Beazer’ of the tragic, coldblooded and senseless killing. Subsequently, the sole Crown eyewitness, Carson Matthew,’ seemingly ‘Smarting Under Illiteracy,’ as quickly as may have volunteered the eyewitness account to criminal investigators, as quickly the murder trial abruptly, disappointingly and abortively ended.

DENIAL TESTIMONY

At the trial,’ in ‘Denial Testimony’ on Oath Carson Matthew had not only startled the Court, but also grievously wounded the ego of ‘Crown Prosecutor with the unexpected ‘Uppercut.’ After causing two possible innocent accused, ‘…Dwayne ‘Littleman’ Joseph and Ziggy Beazer’ to languish agonizingly in the ‘City Pen’ without trial for more than half a decade, the prosecution’s main witness- Carson Matthew,’ ironically, also known as ‘Uppercut,’ by a suspected act of treachery had favored the ‘Defence.’ Crown Counsel Shannon Jones-Gittens, clearly not dropping her ‘Prosecutorial Guard,’ when unexpectedly, a devastating ‘Uppercut’ was delivered by the ‘Star prosecution witness Carson Matthew.’ Maintaining a posture of denial, with firmness and vehemence, the prosecution’s witness denied that he had shared information with criminal investigators, leading to their arrest and eventual institution of criminal proceedings against the murder-accused.

PROSECUTORIAL DISCONTINUATION

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 ‘Crown Counsel Shannon Jones-Gittens, he prudently directed a ‘Prosecutorial Discontinuation’ [CO: 1981: Section 88: (i) (c)]. It could not be correctly said or considered a ‘Nolle Prosequi,’ as trial, in actuality, had already started. Though not necessarily for the prosecutorial position of the ‘Crown Prosecutor, clearly the murder trial, pregnant with; (a) ‘…Evidential inconsistencies and controversy; (b) …Treachery; and (c) …Denials of convenience,’  was all over for murder-accused ‘Dwayne ‘Littleman’ Joseph, Justice Lain Morley and the mixed 12-member Jury [March 2, 2020].

COURT’S CONCERNS

Such sole reliance constitutes the ‘Cardinal Error’ on ‘…an Eyewitness Account’ of a convicted felon and a witness who may have difficulties with truthfulness. This may also have been further compounded by a possible ‘hidden but avenging agenda and an irrefutable inordinate delay of trial. In criminal trials, it has often been the ‘gravity 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.’ 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.

NON-JUDICIAL INTERVENTION

Such from a biblical perspective constitutes a ‘Cardinal Sin.’ Conscious of the gravity and possible consequences, the ‘Bugga’ 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 ‘…adversely impacting on the freedoms and liberties of the individuals.’ 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 ‘non-judicial intervention’ by His Lordship Justice Lain Morley.

FAVORABLE RESPONSES

After languishing and waiting agonizingly on remand for trial, ‘…Fate Stepped In.’ Intended to bring respite to those ‘Impounded without Trial,’ His Lordship Justice Lain Morley may have been moved to provoke ‘Favorable Responses’ 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 ‘…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; and (c) …Eventually saw the judicial restoration of liberty and freedoms to murder-accused ‘Dwayne ‘Littleman’ Joseph’ [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 ‘City Pen.’ They may also experience the frustration and miseries ‘social activist Jessica Simpson’ has hinted as ‘…currently exist; …obtain; and being endured’ by inmates in the ‘City Pen.’

CITY PEN MISERY

Whatever His Lordship may have impressed upon, or instilled in their minds the ‘Joint Murder Indictments’ were ‘Disjoined’ from his co-accused, ‘Ziggy Beazer.’ He had reportedly encountered difficulties associated with psychiatric disorders.’ Consequently, he was considered to have been in no ‘Mental State’ to enter a plea of either ‘Guilty or Not Guilty,’ and be tried with co-accused ‘Dwayne ‘Littleman’ Joseph. However, as fate sometimes has it, he languished in misery and sub-human conditions,’ while on remand at the lone penal institution without trial for almost seven (7) agonizing and distressing years.

SEVEN AGONIZING YEARS ON REMAND

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) ‘…Frustration and misery; (ii) …Mental affliction; and (iv) …Psychological disorientation.’ Therefore, reasonable inferences might be drawn that he may have given acute consideration to the inmates’ lengthy remand and accommodation starved of adequacy beds and hygienic facilities. More importantly, His Lordship would have considered their ‘…constitutional presumption of innocence and right to a fair trial within a reasonable time’ [CO: 1981: Section 15]. Likened to a ‘10-round Boxing contest’ that ended in one round, a murder trial that may have lasted some five days, ended dramatically before ‘…Star Prosecution witness, ‘Carson Matthew’ had completed his ‘…Evidence in Chief.’

SENSE OF COMPASSION

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

INORDINATE TRIAL DELAYS

In these situations, people with no coping mechanisms’ were not only known to have completely lost touch with society, but also had gone into insanity. Reasonable inferences might be drawn that ‘His Lordship Justice Lain Morley’ may have quietly and discretely whispered the inmates complaints and his personal humanitarian concerns to the ‘Justice Minister and ‘Crown Prosecution Authorities’ of the deleterious impact the ‘Inordinate Trial Delays’ were having on the inmates. As it affected murder-accused ‘Dwayne ‘Littleman’ Joseph’ and co-accused ‘Ziggy Beazer,’ His Lordship had given expedient judicial consideration to their plight on remand without trial’ and the reportedly, ‘sub-human and unlivable prison conditions.’

DEPOSITION – LEGAL FICTION

Though many things might be said of the attitude of the ‘…Prosecution Witness,’ it could never be said that he had perjured himself by denying any part of the contents of the; (i) ‘…Unsworn Police-recorded Statement;’ (ii) …Purportedly at the dictates of ‘Carson Matthew; and (iii) …He was too ‘Illiterate’ and incapable of reading, writing or understanding anything the Police had written in the Statement.’ However, he knew that what was written, he never told the investigator he saw ‘…Dwayne ‘Littleman’ Joseph’ blew out the brain of the deceased, ‘…Jermaine ‘Six Months’ Destin’ [October 18, 2013].

UNSWORN POLICE-WRITTEN STATEMENT

Although in a previous ‘Unsworn Police-written Statement’ purportedly; (i) ‘…Self-dictated (ii) …Police-written; (iii) …Police witnessed; and (iv) …Police certified,’ provided a rather graphic, but detailed ‘…Eyewitness Account’ of presumably, what he may have or may not have seen, the ‘…Star Prosecution Witness,’ possibly having quietly internalized the fact that while a friend languished innocently in jail and ‘Dead man tells no tale,’ the man he had caused to be (a) ‘…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,’ it was time that murder-accused ‘Dwayne ‘Littleman’ Joseph’ be restored his full liberty and freedom.

TOO ILLITERATE TO LIE

The ‘Star Crown Witness’ testified that he was too ‘Illiterate’ to have given criminal investigators such an account of the tragic incident. Though not so specifically interpreted as a ‘Legal Fiction,’ existing law speaks to a ‘Statement’ that might be so considered in ‘…Committal Proceedings’ as a ‘Deposition.’ However, from professional training and knowledge, such ‘Unsworn Police-written Statement’ could never be so legally considered as a ‘Deposition’ from previously examined testimony. In criminal prosecutions, it is neither about ‘Fiction or Figment of Imagination.’ From law enforcement perspective, it has always been about ‘Factuality.’

LEGAL FICTION

For any person to be successfully (a) ‘…Prosecuted; (b) …Convicted; and (c) …Punished’ for the crime of Perjury, he/she shall have been previously subscribed to ‘an Oath or made an Affirmation’ and had been judicially deponed before a Committal Magistrate. Such evidence then given under Oath, becomes a ‘Deposition’ and witnesses become ‘Deponents.’ This is all part of Law enforcement training. Under the ‘Committal Proceedings,’ these actual and factual procedures for ‘Preliminary Inquiry,’ have been repealed and replaced with a ‘Legal Fiction’ that an unsworn Statement, whether ‘Self-written or Police written,’ shall be called ‘Deposition.’ It now appears that a self-proclaimed ‘Illiterate Crown Witness Carson Matthew’ has not only put legislators to shame, but also positioned ‘Crown Prosecutors’ to take innocent blame.

THUNDER ON BURGA

Though not connected, but still a serious criminal act, not sure what the hell he may ‘leggo’ (imposed) on my friend ‘Calvin ‘Burga’ Harris.’ However, sure it would be nothing that his; ‘…Sister Ineta Liburd and her family; …residents of the Donovan’s community; and the …rest of the society’ will certainly not be ceasing talk on in long time to come. Sure also that it would not be the ‘Thunder’ [1988: You Tube], that social commentator ‘Kelvin Pope ‘Mighty Duke,’ had yearned for. However, it is anticipated that His Lordship would provide ‘Burga’ with adequate time to reflect upon his ‘criminal transgressions,’ 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.

CONCLUSION

It can be safely and irrefutably said that ‘Paper Committal’ could mean ‘Committal for Case and Prosecutorial Funerals.’ The bell had toll for the funeral of a ‘Murder Case.’ The tolling came after a gutsy Crown Counsel Shannon Jones-Gittens (daughter of former Barbuda Council Chairman Fabian Jones) ‘bobbed and weave into a ‘Vicious Uppercut’ from ‘Star Prosecution Eye Witness-Ingram Carson Matthew.’ The swing was so perfectly timed, that it knocked the trial completely out and away from any legal directions’ by ‘His Lordship Justice Lain to the mixed 12- member Jury.’ 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 ‘Reasonable Prospect of Conviction.’ That which shall always be remembered is that it is the duty of Juries, upon retirement to consider a Verdict, be it ‘Guilty or Innocent.’ The latter is a presumption before trial that until an accused person is tried and so found, or pleads guilty, as contained. In the ‘Supreme Law of the nation- the Constitution’ [CO: 1981: Section 15].

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