Road To Piccadilly – Road To St. Paul’s Cemetery
RAWLSTON POMPEY
As the bereaved family of ‘Bruce Greenaway 43;’ 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 ‘Role of the Jury’ is to judge the ‘Facts of the Case,’ the ‘Practice Directions,’ dictate that ‘Trial Judges’ shall recess those so empaneled to the ‘Jury Room.’ The instant ‘Bruce Greenaway Murder Trial,’ speaks to such recess and such prosecutorial/trial practice.
PERSPECTIVE
Mandatory Curfew violator, Bruce Greenaway,’ under ‘hawk-eyed vision and vigilance of the ‘JTF,’ has been the only ‘Detainee’ not to have died of the deadly ‘Covid-19 Pandemic.’ To understand this commentary, is to ascertain why should it be accepted from at least one member of the ‘Joint Task Force (JTF),’ given the ‘Benefit of Doubt,’ supposedly acted under ; (i) ‘The State-declared ‘Public Emergency; (ii) Enforced the ‘Mandatory Curfew Regulations;’ (iii) ‘Detained a ‘Curfew violator: (iv) Yet appeared to have shown ‘Gross Negligence’ by not taking to, and handed him over to the nearest ‘Dockyard Police Station for ‘Safe custody; and (v) Whose his lifeless body was discovered at the isolated beach called ‘Indian Creek’ four days after his; (a) ‘Detention; or (b) Arrest: or (c) Kidnap?’ [April 13, 2020].
BEGGING FOR JUSTICE
The contents speak to the ‘Prosecutorial Outcome’ of a ‘Murder Trial’ that have prompted ‘Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens’ to invite visitation upon a ‘Ruling’ that favored ‘4-Crown-indicted members of the ‘State’s Security Forces.’ They were accused of ‘Murdering Mandatory Curfew Violator, Falmouth resident Bruce Greenaway 43.’ Both his tragic ‘Death and Murder Trial’ continue to pain the hearts of his family, not only for its apparent questionable investigative and prosecutorial approaches,’ but also begs for ‘Criminal Justice’ and satisfactory judicial closure. Dedicated to the enlightenment of ‘Crown Counsel Karim Nelson.’
CONTINUING PROBING
As immediate family members continue to grieve over ‘Bruce Greenaway Detention Death,’ so too, has been their ‘Continuing Probing’ for answers from the ‘4-Joint-Task Force (JTF)’ members.’ 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.’ The murder-accused persons were reported to have been anxiously awaiting ‘Appellate Decisions’ by the ‘Eastern Caribbean Supreme Court (ECSC),’ consequent of the ‘Court-Ordered Not Guilty’ decision [June 21, 2023].
DOOM FOR JUSTICE
Irrespective of complexity or evidential deficiency, ‘Directors of Public Prosecutions (DPP)’ in their ‘Public Prosecutorial Role,’ shall not only look at ‘Reasonable Prospect of Conviction.’ 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 ‘Doom for Justice.’
REASONABLE EXPECTATIONS
In spite of the approach and practice, though it may not have been contrarily said, the term ‘Reasonable Prospect of Conviction,’ is capable of being described as an asinine approach to ‘Public Prosecutions.’ As it affects ‘Criminal Public Prosecutions,’ such approach speaks to that which in, and of itself, offends ‘Reasonable Public Expectations.’ This was being viewed from the perspective that prosecutions for acts of criminality, have never been, and shall never be contingent upon the ‘Prospect of Convictions,’ no matter how reasonable the prosecutorial thinking may be.
ADMINISTRATION OF JUSTICE
Such neither serves the public interest, nor the ‘Administration of Justice.’ Conversely, ‘Criminal Assize Judges’ in their capacity as ‘Trial Judges and Adjudicators,’ though guided by Law, shall look more carefully at that which serves the interests of the people and ‘Protection of Society.’ Looked at from adjudication, in discharging their adjudicating duties, ‘likened to ‘Crown Prosecutors,’ Criminal Assizes Adjudicators’ shall endeavor to deliver ‘Rulings that which seek to protect society and strengthen the ‘Rule of Law.’
DISGUISEDLY VACATED
That said some ‘Adjudicators’ run the risk of being ‘Disguisedly Vacated’ from one ‘OECS’ jurisdiction to another, either for distorted or distracted reasons. Thus, prosecution and trial, shall generally serve the common and greater good. The recent ‘Nolle Prosequi’ of an-indicted female accused, kept punishingly and languishingly on bail for some ‘5-years,’ was either made to be seen as ‘Selective Prosecutions’ or ‘Prosecutorial Mockery’ [ANR: July, 2023]. Such has never been the purpose of the ‘Criminal Justice System.’
SHATTERING PUBLIC CONFIDENCE
In fact, certain prosecutorial and adjudicating approach, not only has potential for ‘Shattering Public Confidence,’ but also for the general public to harbor certain perceptions of the ‘Crown Prosecutors; eminent Judicial officers and by extension, the Judiciary.’ Speaking to prosecutorial approach,’ the ‘Bruce Greenaway Murder Trial,’ not only makes good reference, but also the point. From where he sat, ‘Trial Judge, His Lordship, Justice Colin Williams’ saw the ‘Crown’s’ approach this way; ‘There were two ‘Points of Law’ which intersected upon the consideration of ‘No Case to Answer.’
EVIDENTIARY-CHALLENGED
Crown Prosecutors appeared to have been ‘Evidentiary-Challenged’ in persuading ‘His Lordship’ with advanced ‘Legal Arguments’ that the 4-Murder-Accused had embarked upon a ‘Joint Criminal Enterprise.’ The ‘Ruling’ states; ‘In the language of the ‘Criminal Law,’ a person who assists or encourages another to commit a crime is known as ‘an Accessory’ or secondary party; The actual perpetrator is knowns as the ‘Principal’ even if his role may be subordinate to that of others’ [2016: UKSC 8: and 2016: UKPC 7: Paragraphs 63 and 65].
PROSECUTORIAL DEATH
There may have been where ‘Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens and ‘Crown Prosecutor Valston Graham,’ have swam to ‘Prosecutorial Death.’ This appeared discernible by ‘His Lordship’s Ruling’ and extensive legal citations. Noting that; ‘When the Learned Director of Public Prosecutions (acting), Shannon Jones-Gittens opened the ‘Crown’s Case,’ she pointed out: (i) ‘There was no eyewitness in this matter and the Crown relied on ‘Circumstantial Evidence,’ which will require the ‘Jury to draw conclusions’ [Paragraph 14].
JOINT ENTERPRISE
Likened to empty cisterns or other forms of water catchments, if there was no water, then none can be drawn. Apply to ‘Criminal Prosecutions,’ if there was no evidence of whatever classification, no ‘Reasonable Inferences’ can be drawn. When the ‘Crown’ relied on the principle of ‘Joint Enterprise’ of persons working together,’ it fell woefully short of substantiating evidence. Thus, at the close of the Case for the ‘Prosecution,’ that on which ‘Crown Prosecutors’ had placed heavy reliance, appeared never to have impressed ‘His Lordship.’ The facts were quite clear.
MURKY PROSECUTORIAL WATERS
There was no evidence of ‘Conspiratorial Enterprise.’ Prosecutorial Logic’ dictates that where there was no ‘Direct Evidence’ (Eyewitness), ‘Crown Prosecutors’ taking this approach, will have been fishing in ‘Murky Prosecutorial Waters.’ From the ‘Ruling,’ it appeared that it was merely by happenstance that ‘Lance Corporal Shakiel Thomas’ encountered the ‘Deceased’ on the roadway at Falmouth’ [April 9, 2020]. Prosecutorally and comprehending the legal terminology, ‘His Lordship’ prudently guided his thoughts to the approach taken by ‘Crown Prosecutors.’ These the ‘Court’ judicially identified as; (i) ‘The law governing Joint Enterprise; and (ii) Circumstantial Evidence’ [ANUHCR: 2021/0047: Paragraph 13].
FUTURISTIC APPROACH
Seemingly guiding ‘Futuristic Prosecutorial Approach’ ‘His Lordship’ notes; ‘The essence of ‘Joint Enterprise,’ is that more than one person shared in the intention to commit the offence, and took some part in its commission.’ His Lordship sought to ensure that there shall be commonality of understanding of the ‘Legal Concept’ between the ‘Adjudicator and Crow Prosecutor.’ There were several cited authorities on this legal concept. The ‘Ruling cites; ‘The Law Lords of the Privy Council in the consolidate Cases; ‘R v Jogee and Ruddock v The Queen.’
TRIAL OF AGONY
It may have been seen as ‘Insult to Justice’ when criminal investigators formally interrogated Lance Corporal Shakiel Thomas’ as to; (a) ‘The Lawfulness of detaining the deceased ‘Bruce Greenaway; and (b) His whereabouts for four days.’ This appeared to have been the time ‘JTF’ member and ‘Murder-Accused, may have realized that he was the ‘Prime Murder Suspect.’ Intent on giving no ‘Incriminating Answers,’ he was said to have given some ‘58 Repetitive Answers; ‘I Have Nothing to Say.’ Then there was the ‘Trial of Agony.’ At the ‘Half-way Trial Stage,’ the proceedings ended with ‘an Anti-Climax Ruling,’ of ‘Not Guilty’ [ANUHCR: 2021/0047: Paragraph 47: June 21, 2023].
WHO MURDERED BRUCE GREENAWAY?
Except the ‘Murder-Accused’ had taken the ‘Witness Stand, the ‘Jury’ may not have heard of the deceased detention by Lance Corporal Shakiel Thomas,’ under ‘Emergency-Enforced Regulations.’ They had no opportunity to hear from him why the ‘Detainee’ was not taken to the ‘Dockyard Police Station’ and handed over to the ‘Police. These may have been among the most critical pieces of evidence that the Jury may have heard.’ They were not only left in tenterhooks, but also to ponder over, and wonder;’ (i) ‘Who murdered Bruce Greenaway; and (ii) Who disposed of his body at the remote and desolate ‘Indian Creek Bay’ [Between April 9 and 13, 2020].
PRIMA FACIE CASE
In the case of ‘No Case to Answer,’ dependent upon the ‘Ruling of the ‘Court,’ upon returning to the ‘Court Room,’ the Jury may simply be instructed by ‘Trial Judge,’ to declare an accused person ‘Not Guilty.’ If otherwise, then the trial continues. This speaks to the point where the ‘trial Judge’ has form the opinion that the ‘Prosecution’ has satisfied the Court that it has made out a ‘Prima Facie Case’ on the evidence so adduced, along with ‘Authoritative Citations.’ Even then, ‘Courts’ are primarily concerned with the substantive, qualitative and sufficiency of the evidence adduced.
FORMAL ADDRESS
Prosecutorally, in their ‘Formal Address, ‘Crown Prosecutors’ may have gently reminded the ‘Court and members of the Jury’ of existed ‘Stringent Measures’ confining the citizenry to their respective residences. The ‘Measures provided clear instructions to every citizen, whether or not challenged for literacy or hearing. Most importantly, ‘Crown Prosecutors’ may have led ‘Formal Evidence’ that the ‘Court’ may have taken ‘Judicial Notice’ of the ‘Extra-ordinary One-Week Mandatory Curfew.’ It states; ‘Every person ‘SHALL’ 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’ [S.I. No.27 of 2020: Section 2 (2)].
24-HOUR CURFEW
Likened to the other nightly imposed ‘Curfew,’ the Jury may have recalled that ‘ONLY’ members of the ‘Security Forcers’ had; (a) ‘Unrestricted; (b) Unchecked; (c) Unsupervised; and (d) Complete freedom of vehicular movement across the nation. Thus, the ‘Court and members of the Jury’ shall have been formally reminded of the; ‘Mandatory 24-hour Curfew that was in effect from ‘6.00am Thursday 9, April, 2020 to 6. 00am Thursday, 16, April, 2020.’ This was referred to in the ‘Emergency Regulations as the ‘Curfew Period’ [Statutory Instrument: Section 3: No. 27 of 2020].
CHOKING DEATH: UNSAFE CUSTODY
That which ‘Criminal Assizes Adjudicators’ shall know is that the ‘Day/Night’ ‘Bruce Greenaway’ was taken custody by the ‘St. Paul’s-Based Joint Task Force;’ (a) ‘No citizen could have been on the roadway seeking any ‘Curfew Violator’ to suffer a ‘Choking Death;’ or (b) None had accessed the ‘Joint Task Force Military Outpost,’ that was community-isolated, bushy-dreary.’ Moreover, none could have been expected to have borne witness to; (i) ‘The tragic demise; nor (b) Witnessed his release from the apparent ‘Unsafe Custody’ of ‘Lance Corporal Shakiel Thomas 25,’ be it at; (i) ‘Piccadilly or Indian Creek.’ None could have known (ii) Whether or not, he was released ‘Dead or Alive,’ as self-servingly claimed by the ‘Accused Murderers’ [April 9, 2020].
NARROWED DOWN: MURDER SUSPECTS
The body was discovered far away; (i) From his Falmouth residence; (ii) Piccadilly community; and (iii) Dockyard Police Station’ [April 13, 2020]. Instructively, and logically, criminal investigators quickly ‘Narrowed Down’ the ‘Murder Suspects’ to; ‘Joint Task Force (JTF) personnel; (i) ‘Lance Corporal Shakiel Thomas 25; and Privates (ii) Armal Warner 20; and (iii) Aliyah Martin 20; along with (iv) Police Constable Jason Modeste 44.’ Even at trial the Court also looked at their apparent suspicious involvement. The Trial Judge,’ with discerning reasons notes; ‘There may have been reason for suspicion; But the threshold of evidence to support the charge of murder and a successful prosecution, was patently absent’ [ANUHCR: 2021/0047: Paragraph 114].
MURDER OR MANSLAUGHTER
Clearly, a ‘Jury’ deprived of the opportunity to hear; (a) ‘The accounts of ‘4-indicted Murder-Accused; (b) The summation of the totality of the evidence adduced; and (c) The legal directions of ‘Criminal Assize Trial Judge, His Lordship, Justice Colin Williams,’ may never know the legal interpretation of ‘Malice Aforethought, whether ‘Expressed or Implied’ as an indictment for Murder’ dictates and evidence so required, would have placed the ‘Prosecution’ in an awkward position to even show an alternative ‘Manslaughter Verdict.’ These often guide informed prosecutorial decisions by ‘Crown Prosecutors,’ or rulings by Trial Judges; or verdicts by the Jury.’
EMERGENCY MEASURES
From practical professional experience, during a ‘State of Public Emergency,’ the only persons with unrestricted movement, were combined teams of the ‘Joint Defence Force/Police Task Force.’ It will have done no harm to any of the ‘4-Murder-Accused.’ craved the ‘Court’s indulgence in taking ‘Judicial Notice’ of those ‘Emergency Measures,’ will have indicated that it was the week, where only members of the ‘Joint Task Force (JTF)’ ruled the streets, by-ways; roadways and highways, and roamed freely around the nation of ‘Antigua and Barbuda.’
DISCIPLINED FORCES
The ‘4-Indicted-Murder-Accused Persons’ 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 ‘Disciplined Forces.’ These were members of; (i) ‘The 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 ‘Protecting and Serving’ every law-abiding, and the not so law-abiding citizens. None was a law unto him/herself. They were bonded by; (i) ‘Integrity; (ii) Transparency; and (iii) Accountability.’
JUDICIALLY-BOUND
The ‘Criminal Assizes Courts’ have always been ‘Judicially-Bound’ to give consideration the advancement of countering ‘Legal Arguments’ by ‘Public Prosecutors.’ They would argue that; (a) ‘The ‘Prosecution’ has made out a ‘Prima Facie Case; and (b) The accused persons shall be called upon to go on their defence.’ In the instant case, the 4-indicted murder-accused were; (i) ‘Lance Corporal Shakiel Thomas 25; Privates; (ii) Armal Warner 20; and (iii) Aliyah Martin 20; and (iv) Police Constable Jason Modeste.’ These accused persons were identified with membership within; (a) ‘The Antigua and Barbuda Defence Force (ABDF); and (b) Royal Police Force of Antigua and Barbuda (RPFAB).’
FORMAL SIGNIFICANCE
For its ‘Formal Significance,’ than of ‘Evidential Value’ to the ‘Fact in Issue-Murder,’ ‘Crown Prosecutors’ in their ‘Opening Address’ to the ‘Court and Jury,’ may have sought to impress upon the mind of the Court and Jury,’ the existed abnormal state of affairs. Such may have positioned those with keen interest in dispensing justice to draw ‘reasonable conclusions’ as relied upon’ [Paragraph 14 (ii)]. This may have guided better understanding that the ‘Powers of Observation’ possessed by members of the ‘Security Forces’ were neither challenged by; (a) ‘Sleep deprivation; (b) Influenced by consumed spiritous contents of certain bottle.’
COMMONALITY OF UNDERSTANDING
In any criminal trial, ‘Presiding Judges’ may order that a ‘Verdict of Not Guilty’ be recorded against any accused person who; (a) ‘Pleads Not Guilty’ in any Case in which the ‘Prosecution’ offers ‘NO’ evidence’ against him/her’ [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 ‘Legal Arguments’ on ‘No Case to Answer’ has been well documented. It has long been given for ‘Commonality of Understanding’ by Law enforcers with the benefit of advanced training in ‘Criminal Prosecutions; Criminal Evidence and Court Procedures.’
4-ACCUSED WALKED FREE
In ‘No Case to Answer Submissions,’ it allows for ‘Legal Arguments’ to be advanced by ‘Defence Attorneys.’ They may contend, inter alia that the; ((i) Public Prosecutors have not made out a ‘Prima Facie Case’ against the ‘Accused person/s; and (ii) They shall not be called upon to go on their defence.’ In spite of public concerns, there was nothing absolutely and legally wrong with the apparent; ‘Thought-Provoking Court Ruling’ in the ‘Bruce Greenaway Murder Trial.’ Still, that which has provoked a wave of discontent; agonizing dissatisfaction; and open dissent’ was when ‘4-members of the ‘Security Forces,’ stood accused of strangling him to death, ‘Walked Free.’
DETAINED OR KIDNAPPED
In instances where criminal investigators were seen as dilly-dallying for too long, with time on their side, ‘Criminal Suspects’ were known to have capitalized on opportunities to thwart investigative efforts.’ The Case of ‘Bruce Greenaway’ makes the point. Either ‘Detained or Kidnapped’ by two members of the ‘Military/Police Joint Task Force (MPJTF)’ [April 9, 2020], anxious family never heard of his whereabouts. Neither were family members told by ‘Security Forces’ personnel who had, and for what reasons he was ‘Snatched’ from the ‘Falmouth Main Road.’ Four days later rumors reportedly surfaced when his lifeless and partially-decomposed body was reportedly discovered, and fished from the mangrove-water at ‘Indian Creek Bay.’
DYING AFTER DETENTION
In investigative terms, ‘Bruce Greenaway’s’ apparent mysterious disappearance from the supposedly ‘Safe and Protective Custody,’ appeared reek of suspicion. Moreover, ‘Dying after Detention’ by: (i) ‘Lance Corporal Shakiel Thomas; and (ii) Sergeant of Police, Clint Spencer,’ (actual/constructive), appeared nothing short of being criminally questionable [April 9-13, 2020]. It begs the question; ‘Who may have been held criminally responsible for his horrifying and tragic death?’ Clearly, at trial something fundamental may have been operating in the apparent curious-minded ‘Trial Judge.’
STARTLING REVELATIONS
Given the role played by indicted-murder-accused, ‘Police Constable Jason Modeste’ senior colleague, ‘Sergeant Clint Spencer’ in detaining/arresting or possible ‘kidnapping of Bruce Greenaway,’ it appeared that the ‘Sergeant may have been provoked by inquisitiveness. Seemingly, concerned over adverse circulating rumors pertaining to the discovery of the ‘Detainee’s’ body, the ‘Trial Judge’ has made several intriguing,’ yet ‘Startling Revelations.’ The thought-provoking Ruling’ by ‘Trial Judge’ referred to a brief interactive conversation with ‘Police Constable Modeste.’
CIRCULATING RUMORS
His Lordship writes: ‘The witness, Sergeant Spencer said that sometime in 2020; (a) ‘He saw Mr. Modeste at the St. John’s Police Station; (b) He told him that there were ‘Rumors Circulating’ regarding Bruce Greenaway; (c) Modeste told him ‘…I was not involved in what you are talking about; …All I know, I never hit anybody.’ Subsequently, in a ‘Caution Statement’ accessed by the Trial Judge,’ His Lordship has further quoted him saying; (a) ‘…I do not know anything about the death of the gentlemen; and (b) …I never beat or strangle anyone; and (c) …That’s the truth’ [ANUHCR: 2021/0047: Paragraphs 38 and 39]. Then ‘Who actually killed Bruce Greenaway?’
SOLVABILITY FACTORS
This ‘Murder-Accused, Jason Modeste,’ as well as co-accused ‘Armal Warner and Aliyah Martin,’ appeared to have been the ‘Solvability Factors’ to this heinous criminal act. However, apparent ‘Investigative Incompetence’ and ‘Prosecutorial Impotence’ have proven disastrously fatal. A proficient criminal investigator shall have known that; (i) ‘Under a State of Public Emergency; and (ii) Under a Mandatory ‘Dusk-To-Dawn’ Curfew;’ (a) ‘No person in a helpless ‘State of Intoxication’ or ‘Drunkenness,’ could possibly have been walking through ‘Piccadilly; or (b) Driving pass, or on ‘Dr. Yele Akande Drive,’ as noted in the ‘Court’s Ruling’ [Paragraph 106], without being observed by members of the ‘Joint Task Force (JTF).’
STRIKING OBSERVATION
Though no evidence may not have been prosecutorally led, such as noted by the ‘Trial Judge,’ speaks to a rather ‘Striking Observation.’ Such deliberate notation, left to the mind of ‘Reasonable Thinkers,’ speaks to certain possibilities. Another vehicle travelling through,’ Dr. Yele Akande Drive to areas in the immediate vicinity, including ‘Indian Creek Bay’ may possibly have been seen by members of the ‘Security Forces.’ Conversely, those most logically and most likely to have known, would have been those that had lawful or unlawful custody of the ‘Curfew Detainee.’
CHOKING DEMISE
Clearly, the ‘Jury’ may have experienced little difficulty in discerning who may have dropped off the body of ‘Bruce Greenaway’ at the remote ‘Indian Creek Bay,’ following his arrest/detention or possible kidnapping’ [April 9-13, 2020]. It is instructive to note that even after his; (a) ‘Tragic Choking Demise;’ (b) His funeral service and burial; and (c) The trial of 4-members of a ‘Joint Military/Police Task Force (JMPTF),’ up to this time, there have been no verifiable and officially-kept ‘Records’ of his ‘Lawful Detention’ [April 9-13, 2020]. This may have been evidence never adduced at the trial; never led; and never heard by the Jury’ [March 20, 2023 to June 21, 2023].
SAFETY AND PROTECTION
Those that have never fought or investigate crime, may have little interest in the unfolding events. Authoritatively, none may neither rule out ‘Gross Incompetence; Gross Negligence; Gross Recklessness.’ Clearly, His Lordship’s carefully prepared ‘Summarization’ of the unfolding events and judicial observations, appeared strictly confined to his role of adjudicator. Mindful of his adjudicating role and judicial duty, ‘His Lordship’ appeared not to have been totally convinced of that which may have transpired on the day the ‘Deceased’ was; (i) ‘Detained; (ii) Conditions held; (iii) ‘Duty of Care exercised; and (iv) His ‘Safety and Protection,’ in or out of custody [April 9, 2020].
AGENTS OF STATE
When the ‘Agents of the State’ were indicted and partially tried for the alleged violent and tragic death of ‘Curfew-violation Detainee Bruce Greenaway,’ they benefitted from; (a) ‘Legal Arguments’ advanced by their respective Attorneys; and (b) From the opinion formed by ‘Criminal Assizes Judge, His Lordship, Justice Colin Williams.’ As opposed to being ‘Found Guilty,’ the ‘Murder-Accused’ were declared ‘Not Guilty.’ This was consequential to ‘Submissions of No Case to Answer.’ ‘His Lordship’ was judicially-bound to indulge the Court in hearing the ‘Legal Arguments.’ Such arguments were reportedly strenuously countered by Crown Prosecutor, Valston Graham,’ but found no favor with ‘His Lordship.’
CITED AUTHORITY
In the troubling ‘Murder Trial,’ in which 4-members of an apparently hurriedly put together ‘Joint Task Force (JTF)’ in; (i) ‘The urgently declared State of Public Emergency; and (ii) Monitoring the duly imposed Mandatory ‘Dusk-To-Dawn’ Curfew.’ Clearly, if criminal investigators rely solely on ‘Accused Confessions,’ criminal trials, whether by Juries, nor by ‘Judge Alone,’ would be few and far between. There will have been no need for Juries to listen to; (a) ‘Tenuous 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 ‘True Verdicts,’ whether: (i) ‘Guilty; or (ii) Not Guilty.’
ADMINISTRATION OF JUSTICE
That which shall be understood, it has long been ‘Settled Law,’ as it allows for ‘Trial Judges’ to focus on ‘Evidentiary Conviction,’ as opposed to the ‘Administration of Justice.’ Clearly, at this stage of the proceedings the citied authority appears not to have considered the alternative verdict ‘Acquittal.’ In every Jury trial, except ‘Hung Jury,’ only one of two verdicts shall be applicable. For instance, if there was evidence to ‘Found Guilt,’ then it shall be so found and ‘Convicted.’ Conversely, if there was no evidence safe enough to convict, then ‘Trial Judges’ have a ‘Judicial Duty’ and responsibility to guide the knowledge and understanding of the Jury as to the applicability of ‘Facts’ to Law,’ that the alternate verdict- ‘Acquittal,’ shall also be so informed.
JUDGES OPINION
Thus, under sub-paragraph (a) of the second limb of the ‘Galbraith Case’ herein referred and states; ‘If the Judge forms ‘The Opinion’ that the ‘Prosecution’s Case, taken at its highest, a Jury properly directed, could not properly convict upon the evidence, a ‘Trial Judge’ may so uphold a ‘No Case Submission.’ A ‘Trial Judge’ shall not be faulted for so forming such opinion. [ANUHCR: 2021/0047: Paragraph 3]. Even so, the ‘1981 Galbraith Decision,’ appeared reek of asininity. This assertion was made against the principle that speaks to ‘Adjudicating Opinions’ of ‘Trial Judges.’
GLIMMER OF HOPE
Though not necessarily surprising to the ‘4-Murder-Accused,’ when the ‘Not Guilty Ruling’ made local and regional news, bereaved family members; community and general public; and by extension the rest of the nation, no one breathed ‘Sighs of Relief.’ There was nothing to laugh about. Then given appellate considerations, those clamoring for Criminal Justice,’ saw a ‘Glimmer of Hope’ when ‘Hope’ was dashed and confidence shattered. In anxiety, they await the ‘Appellate Decisions’ with bated breath.
OPEN VENTILATION OF TRIALS
Both trials necessarily meant open ventilation of the ‘Facts to the ‘Jury of Peers.’ Conversely, where a law so provides for ‘Judge Alone Trials,’ then those empowered to judge ‘Facts and Law,’ 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 ‘His Lordship’s’ capacity in comprehending that ‘Crown Prosecutor, Valston Graham’ will have invited the attention of ‘Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens.’
BORDERING TRAVESTY
Both may have been dismayed over the ‘Court’s Ruling’ that necessitated visitation by the ‘Itinerant Eastern Caribbean Supreme Court (ECSC).’ Lest any person misguides him/herself, that the development ‘Bordered Travesty,’ 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 ‘Defence Attorneys.’ 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: ‘I have nothing to say.’
LAW: SYMBOLIZED CONSCIENCE
It has been the public’s view that the ‘Law’ shall never be seen as being deprived of its ‘Symbolized Conscience.’ Such may not be seen as comporting with the ‘Constitution Order’ [CO: 1981: Principles: ‘D and E’]. Still, looked closely at cited legal authority as contained in the Case; ‘Regina v Galbraith’ [1981: 2 AER: 1060], ‘His Lordship’ would have been judicially-guided into making four informed ‘No Case to Answer Rulings.’ There was no ‘Eyewitness’ to give evidential account’ how ‘Falmouth resident Bruce Greenaway,’ came to his violent and tragic death.
SECURITY QUARTET
The ‘Security Quartet,’ have been ordered ‘Not Guilty’ by ‘Criminal Assize Court Trial Judge, His Lordship, Justice Colin Williams’ following favorable rulings on ‘Submissions of No Case to Answer’ [Loop: June 21, 2023]. Respecting the ‘Murdered Curfew Violator,’ had the ‘4-indicted-Murder-Accused,’ called to their defences, the ‘Jury of their Peers’ may have heard that which was chronicled in the ‘Decision of ‘Criminal Assize Trial Judge, His Lordship, Justice Colin Williams.’ It makes interesting reading to know that; ‘Mr Thomas said that on the 9th April, 2020, he went to get water.’
SOLVABLE CRIME
Criminal investigators endeavoring to solve easily ‘Solvable Crimes,’ often saw their efforts go in futility. This may have been evident in the; (a) ‘Arrest, detention or kidnapped: (b) The four-Day disappearance;’ and (c) The ultimate ‘Strangulation Death’ of Falmouth resident, Bruce Greenaway’ [April 9 – 13, 2020]. Likened some ‘Magistrates,’ this may occur when ‘criminal investigators hope, expect, prompt or persuade ‘Criminal Suspects’ to wave the ‘Constitutional Presumption of Innocence’ to give ‘Confession Statements’ [CO: 1981: Section 15].
SCRAPE AND SCRAMBLE
As it affects the human resource, ‘Military and Police Commanders’ appeared to have been taxed to their ‘Wits-End.’ Thus, in deploying suitable and responsible personnel for anticipated challenges, may have been nightmarish. It all started when the ‘Covid-19 Pandemic’ visited upon the nation [SI: No. 16 of 202: March 25, 2020]. Security Commanders, forced to ‘Scrape and Scramble,’ would have ‘Scrambled’ personnel with known propensities. ‘Though the ‘Wagner Mercenaries-Private Militia,’ supplemental to the professional Russian Military,’ may not have been widely known in this region, some ‘Team members, have exhibited a comparable behavioral pattern.
UNDESIRABLE AND UNTHINKABLE
Though not necessarily deployed to do the ‘Undesirable,’ many have been accused of doing the ‘Unthinkable.’ From a strictly investigative perspective, no matter how methodical, astute or adept the criminal investigator may have been, no ‘Trial Judge and Jury of Peers,’ could have reasonably expected that there would have been ‘Eyewitnesses’ to the apparent ‘Brutal Choking’ of Bruce Greenaway,’ while in detention of members of the ‘Security Forces.’ Even with open mindedness,’ such could never have been the expectations of ‘Judges and Juries.’ Even with ‘Emergency Pass Cards,’ few may have had varying encounters with the uncouth; the insensitive; and the stupid.
VOID OF SUPERVISION
In their collective ‘Judgement or Misjudgment,’ the ‘Security Commanders’ reportedly teamed up ‘Lance Corporal Shakiel Thomas’ with assigned him supervisory responsibility of; (i) ‘Himself: (ii) Privates Armal Warner: and Aliyah Martin (ABDF); while (iv) Police Constable Jason Modeste,’ may have been left to his own devices. This evidently speaks to a very serious ‘Void in Supervision.’ 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.
STRANGULATION MURDER
That which affected the ‘JTF’ day/night patrol, was the clearly avoidable allegation of the ‘Strangulation Murder’ of alleged ‘Curfew Violator, Bruce Greenaway 43.’ Seen as being non-compliant with the implemented ‘Emergency Measures,’ members so deployed and so ‘driving-by,’ apprehended the ‘Falmouth resident. Though not necessarily endowed with ‘Psychic Attributes,’ this will have been the reflected Court’ observations,’ when ‘Trial Judge, His Lordship, Justice Colin Williams wrote; (a) ‘L/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.’
RESISTING DETENTION
Such may have attributed to the ‘Detainee or Kidnapped’ offering stiff ‘Resistance’ to his ‘Detention.’ Ensuring that ‘Military/Police Commanders were judicially-apprised, in the Ruling’ of the Court, ‘His Lordship’ also identified a second ‘drive-by colleague Soldier, Al Hilaire,’ and ‘Sergeant Clint Spencer,’ being dressed in civilian clothing’ [ANUHCR: 2021/0047: Paragraph 22]. Though not necessarily, the same ‘Joint Task Force Members,’ many personnel were accused of wreaking havoc in most indigent communities. This has seen widespread ‘Citizen’s Dissatisfaction’ of the hostile attitude exhibited, and overly-aggressive tactics employed by several of the unsupervised personnel.
SYMBOL OF AUTHORITY
That which the ‘JTF’ members appeared not to have known, appreciated or instructed, was that when fully clothed in ‘Military and Police Uniforms,’ such represents the ‘Symbol of Authority.’ The unmarked ‘JTF-used maroon pickup vehicle, reportedly owned by the ‘National Parks Authority,’ neither represented to the ‘Detainee/Kidnapped-Bruce Greenaway,’ a ‘Symbol of Authority,’ nor that he had an obligation to comply with whatever instructions that may have been given. Given his ‘Violent and Mysterious Death,’ adjudicating ‘Judges and Juries,’ know that ‘Dead Men Tell no Tales.’ No Court could have found it reasonable to have expected general public, statutorily placed under ‘Strict Confinement’ and facing perilous consequences of a fine and institutionalized confinement.
JUDICIAL HIGHLIGHTS
It appeared noteworthy to ‘His Lordship’ to have given ‘Judicial Highlights of some apparent suspect accounts. Guided by ‘Legal Authorities,’ the only thing ‘His Lordship’ did not do, was overruling the ‘No Case to Answer Submissions.’ The ‘Court’ shall have better positioned the ‘Jury’ to cipher out, where was; (i) ‘The ‘Falmouth community: (ii) Dockyard Police Station: (iii) Clarence House-located ‘Military Outpost: (iv) Piccadilly: and (v) Indian Creek.’ Those with the ‘Spirit of Discernment’ would know that it was only ‘Clever Criminals’ may have traversed from ‘Clarence House through the Piccadilly community to Indian Creek Bay’ unnoticed and un-intercepted by a keenly observant ‘Joint Task Force’ [April 9, 2020].
NO SWORN EVIDENCE
There was ‘No Sworn Evidence’ to the Jury, whether from ‘Eyewitnesses, or by any of the ‘4-Murder-Accused’ of these ‘Troubling Accounts.’ This appeared more ‘Guarded,’ than it could have been considered ‘Factual’ or consistent with ‘Truth.’ His Lordship’ continued; ‘The totality of their accounts was that after they left the ‘Base’ with the prisoner in the tray of the pickup vehicle, while they were proceeding along ‘Piccadilly Main Road, the straps to the hands of Bruce Greenaway were removed by Officer Modeste, and the prisoner was ‘Released’ from the ‘JTF Custody’ with a ‘Caution’ to comply with the ‘Curfew Regulations’ [Paragraph 19].
AREA OF OPERATION
A rather critical observation made by ‘His Lordship, Justice Colin Williams’ was the partial statement purportedly made by ‘Murder-Accused, Aliyah Martin.’ The ‘Trial Judge, mindful in addressing the ‘Court’s mind on being fair and unbiased, and more importantly, non-accusatory, ‘His Lordship’ had ‘early-o-clock’ indicated the assigned ‘Area of Operation’ for the ‘JTF Unit’ as: (a) ‘Falmouth; (b) English Harbor; (c) Dockyard; and (d) Piccadilly of St. Paul, Antigua and Barbuda’ [ANUHCR: 2021/0047: Paragraph 18]. Seemingly seized of certain information, ‘His Lordship’ appeared to have looked at two things;’ (i) ‘A close possibility; and (ii) An ideal opportunity.’
WORD PICTURE
There shall be contingency planning for any rendezvous or unforeseen eventualities. Providing a ‘Word Picture’ of the area, then under the ‘One-Week Mandatory Curfew,’ for patrol coverage, ‘His Lordship’ appeared well apprised. Since residents were restricted to their home, assigned areas were accessible only by members of the ‘Joint Task Force.’ Early-o-clock, ‘His Lordship’ notes; ‘Among the areas that travels passing the camera on the apartment of ‘Dr. Yele Akande Drive’ can lead to, is a dirt road that branches off to ‘Indian Creek’ where the body was discovered on Easter Monday (April 13, 2020) [Paragraph 34].
OPPORTUNITIES AND POSSIBILITIES
Moreover, as one of the murder-accused said; (i) ‘He did not know where Bruce Greenaway lived; and (ii) Neither did he know where Indian Creek was,’ could it be that ‘His Lordship, Justice Colin Williams’ may have been internalizing and rationalizing his thoughts as to be focusing on; (a) ‘Opportunities; and (b) Possibilities’ available to one or more, or all 4-murder-accused to guard against incrimination?’ This may clearly have been evidence not available to ‘Crown Prosecutors.’ Notwithstanding, reasonable inferences, might still be drawn of the latter, given the ‘Joint-Indictment.
INTERESTING OBSERVATIONS
’ In spite of the ‘Court’s’ Ruling,’ ‘Criminal Assize Judge, His Lordship, Justice, Colin Williams’ has revealed several ‘Interesting Observations.’ He notes that; (a) ‘The Defendants (Accused) all gave accounts either in; (i) Reports; (ii) Statements; or (iii) Interviews.’ According to the ‘Defendants,’ after leaving the ‘Base’ they went to patrol in; (a) ‘Piccadilly; (b) Then to Falmouth; and (c) Ended up journeying to St. John’s’ [Paragraph 36]. Consequent upon that which the evidence, there was no calling upon the ‘Murder- Accused’ to go on their defences.
CHOREOGRAPHED EXPLANATIONS
Though contents of the ‘Ruling’ may not have been judicially tested, the ‘4-Indicted Murder-Accused’ appeared to have given perfectly ‘Choreographed Explanations.’ The claim that they had released the ‘Detainee Bruce Greenaway’ after; ‘Turning off into ‘Piccadilly [Paragraph 45], if not the legally-trained mind,’ a Jury with an inquisitive mind may not only want to know ‘Why amidst ‘Covid and Curfew,’ he was released, but also whether or not they would have been positioned to believe the ‘Detainee’ was in reality, ‘Alive and Well.’
UNANSWERED QUESTIONS.
Though it may not necessarily have been a frequent occurrence, in many instances, some criminal investigations were seen to have made reasonably proficient ‘Crown Prosecutors’ look impotent, while some criminal investigators were seen as professionally incompetent and inefficient. Given the many ‘Unanswered Questions,’ it begs more fundamental questions; (i) ‘What prevented anyone of, or the ‘4-Murder-Accused’ from asking the ‘Detainee’ where exactly he then lived?’ [Paragraph 46]; (ii) Was the residential area of the ‘Detainee’ ascertained? and (iii) Was the road leading to ‘Indian Creek off-limit to the ‘JTF? A Jury may have been left with very little pondering to do.
MODEST CUT ZIP TIE
Respecting ‘Murder-Accused Aliyah Martin,’ the ‘Court Ruling’ quoted her saying; ‘As they were going along the road (not identified), I heard the guy in the back of the truck said something along the lines of ‘right here or right yah; Corporal Thomas pulled off the road; Constable Modeste went to the guy; I saw Modeste cut the ‘Zip Tie’ and ‘HELPED’ him out of the back of the vehicle.’ Even as ‘Indian Creek’ was in the area so assigned; this ‘Murder-Accused’ was further quoted saying; ‘We then patrolled ‘Marsh Village, Piccadilly Main Road, Horsford Hill, Liberta and All Saints’ [ANUHCR: 2021/0047: Court Ruling: Paragraph 19].
DETAINEE: CAUSING A LOT OF TROUBLE
From an investigative view, that which have boggled the minds of ‘Joint Task Force Commanders’ may have been the courses of action by the ‘JTF;’ (i) ‘If ‘Bruce Greenaway’s release was considered, just why he was still ‘Zip Tied;’ and (ii) Required physical ‘HELP’ from ‘Constable Modeste’ in alighting from the vehicle’ [Paragraph 48]. Then when returning to Base around 1.00 pm, he was stopped by a female that the guy, ‘Bruce’ was ‘Causing a Lot of Trouble’ [Decision: Paragraph 45].
UNWITNESSED DEVELOPMENTS
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?’ Though academic, answers to these questions may possibly have revealed the ‘Lance Corporal’s ‘Attitude’ towards the ‘Female and Detainee.’ Seemingly, given good reasons to carefully look at the ‘Unwitnessed Developments, ‘His Lordship’ notes; (v) ‘Mr. Thomas’ tried to speak with Mr. Greenaway; (vi) Sergeant Spencer arrived and helped in detaining Mr. Greenaway; and (vii) The ‘Detainee’ was taken in the ‘JTF’ pickup to the Base’ (no location given).
INTOXICATED/DRUNK
Then upon his arrival at the ‘Base;’ (a) ‘Mr 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 ‘Intoxicated or Drunk.’ That which appeared even more mindboggling were the ‘Troubling Explanations;’ (c) ‘Mr. Thomas said having left the ‘Base,’ on patrol with the other soldiers.’ By these explanations, it may not only have struck a keenly observant ‘Trial Judge’ as unusual, but also defensively self-serving.
UNIDENTIFIED FEMALE
This clearly may have been the juncture a ‘Trial Judge’ may have given the ‘Jury’ the benefit of hearing from the ‘Murder-Accused’ 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 ‘St. Paul’s Anglican Church) [Paragraph 21]; (iii) Why he was released after turning right into Piccadilly; (iv) Why released a ‘Curfew Detainee’ reported by ‘an unidentified female to be ‘Causing’ a lot of ‘Trouble;’(v) What informed the decision to release a ‘Detainee’ that ‘Modeste reportedly said to have been ‘assessed to be either ‘Intoxicated or Drunk’ [Paragraph: 45].
SOURCE OF INFORMATION
Whatever may have been the ‘Source of Information,’ ‘His Lordship notes: (i) ‘Mr. Thomas said that when ‘Bruce Greenaway’ 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.’ The paragraph finally ended; ‘The Second Defendant (Accused Lance Corporal Shakiel Thomas), also said that he was not sure where ‘Bruce Greenaway Lived’ [Paragraph 45]. With no reference to testifying before the Court, this appeared neither to have been evidence heard by the Jury, nor given by ‘Murder-Accused Lance Corporal Shakiel Thomas.’
EXISTED CIRCUMSTANCES
From ‘His Lordship’s’ legal background and previous professional practice, few thoughts may have escaped his imagination. His Lordship was well-positioned to distinguish a ‘Quack’ from a Duck.’ Though the ‘4-Murder-Accused’ were never called upon to go on their respective defences, a ‘Court and Jury’ formally reminded of ‘Existed Circumstances,’ may have given acute consideration as to whether or not those on ‘Jury Trial’ were truthful about the ‘Detainee’s release from their ‘Safe Custody.’
ON PATROL
Seemingly being the authorized driver, the ‘Lance Corporal; ‘After turning right into ‘Piccadilly,’ he was given a reminder by the Police (Modeste) ‘to drop off the guy; (g) He stopped the vehicle; (h) Mr Modeste got out: (i) Removed the plastic ties from Bruce Greenaway’s hands; and (j) Returned to the vehicle.’ Then the ‘Quartet’ proceeded to patrol Marsh Village; through Piccadilly, back to Cobbs Cross and Falmouth; (k) Their eventual return to ‘Bushy-Based Outpost’ near to Clarence House’ about 4. 00 pm, then left on patrol again about 8. 00 pm’ [Paragraph 45]. There may have been good reasons to avoid any mention of ‘Indian Creek.’
SWORN EVIDENCE
Though ‘Second-Murder-Accused Shakiel Thomas’ had not, optionally; (i) ‘Taken the ‘Witness Stand’ to give ‘Sworn Evidence; or (ii) Made a ‘Statement’ from the Prisoner’s Dock,’ the Court knew that a ‘Question and Answer Interview’ was conducted and recorded by lead investigator, Inspector Theodore Horne.’ This speaks to adequacy of time for this ‘Murder-Accused’ to have planned his defence. This may have been discerned from the observation made by ‘His Lordship Justice, Colin Williams.’
USELESS POLICE INTERVIEW
Bringing a ‘Public Prosecutorial Background,’ to the ‘Criminal Assize Courts,’ there shall be no doubt that ‘His Lordship,’ had observed a clearly lengthy and pathetically ‘Useless Police Interview.’ Such ‘Interview’ may either have been; (a) ‘Procedurally tendered; (b) Judicially admitted and marked’ as ‘Documentary Evidence.’ It may have been evidentially-useless reading it into the criminal proceedings, merely as a formality.’ Observing the behavioral response of the ‘Custodian’ of the ‘Arrested/Detained/Kidnapped’ ‘Curfew Violator,’ it was obvious that there were more questions than the custodian could have answered.
DETAINED LAWFULLY OR KIDNAPPED
Since there exists no official record of ‘Lawful Detention or Arrest,’ His Lordship noted his observations of ‘Murder-Accused Lance Corporal Shakiel Thomas.’ Avoiding incriminating himself in the heinous crime, he provided very brief answers to certain direct questions posed to him by lead investigator ‘Inspector of Police, Theodore Horne.’ In the ‘Court’s Decision,’ that have befuddled brain; rocked deceased detainee’s family; and outraged the public conscience, ‘His Lordship’ cited the following exchange that occurred during the interview, between questions: ’17; 18; 19; and 20’ [Paragraph 47].
MIND OF THE COURT
Reasonable inferences may have been, and could still be drawn from the ‘Court’s Decision’ that something interesting, if not troubling may have been operating in the ‘Mind of the Court.’ The questions posed, spoke to a ‘Certain Mindset.’ When being interrogated, the investigator reportedly asked; (17) ‘Did you murder Bruce Greenaway? Answer; ‘No 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.’ These are not only ‘non-incriminatory,’ but also ‘Self-Serving Answers.’
INTERVIEWEE PRESSED: ‘6 1/2 HOURS’
Some criminal investigators often appeared to have believed that these were known to have helped in solving crime. He ‘Lordship writes; ‘Mr Modeste was ‘Pressed’ by the interviewer’ as to whether he murdered ‘Bruce Greenaway on Thursday 9, 2020.’ Undoubtedly, ‘Balaam Donkey,’ would have known the ‘Answers’ the ‘Interviewer was eliciting. The answer was; (a) ‘No Sir; (b) Never beat; (c) Never strangle; and (d) I never murder Bruce.’ The ‘Trial Judge’ further observed; ‘The Inspector proceeded over the next ‘Six and a Half Hours’ to interview Mr. Modeste’ [Paragraph 40].
USEFUL INFORMATION
Still no ‘Useful Information,’ nor anything of evidential value was obtained. Clearly, the time exhausted in futility, may have been leisurely spent ‘Zipping’ through the dense vegetation on the ‘Fig Tree Drive Zipline.’ Given these notations, were ‘His Lordship; Jury of Peers; Crown Prosecutors; and Members in the public gallery’ have been amused or amazed about the ‘Questions’ posed by the investigator and the ‘Answers’ given by ‘Murder Accused, Police Constable Jason Modeste?’ [Paragraph 44].
JUDICIAL OBSERVATIONS
Making further ‘Judicial Observations,’ ‘His Lordship’ notes that: ‘On the 22 May, 2020, the lead investigator, Inspector Horne, interviewed the ‘Second Defendant’ (Shakiel Thomas), in the presence of his Lawyer Mr. Laurence Daniels and Major Alando Michael of the ‘Antigua and Barbuda Defence Force (ABDF). His Lordship wrote; ‘For most of the sixty-two (62) questions, Lance Corporal Thomas indicated that ‘He had Nothing to Say’ (58 times). This appeared mindboggling, since this ‘Lance Corporal was said to have been the ‘Security Forces’ Personnel that; (i) ‘Initiated the ‘Deprivation of Bruce Greenaway’s Liberty; and (ii) He reportedly drove away with the ‘Curfew-violator’ in the back of a red ‘Joint Task Force (JTF)’ Pickup alive and well’ [April 9, 2020].
DICTUM OF LORD GODDARD LCJ
Not infrequently, when ‘Criminal Assize Trial Judges’ follow the legal maxim ascribed to eminent ‘Jurist, Rayner Goddard, Lord Chief Justice,’ they are subjected to open dissent and public ridicule. Research has shown that the following ‘Dictum’ was attributed to the then ‘British Law Lord,’ saying; ‘Although 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 ‘Prosecution should prove its case’ [1955: R v Abbott: 2 QB: 497].
DEPRIVATION OF LIBERTY
This will have been appropriately referred to by ‘Criminal Assize Judge, His Lordship, Justice Colin Williams.’ In the widely reported ‘Mandatory ‘Dusk-To-Dawn Curfew Detainee, Bruce Greenaway.’ Deprived of Liberty’ by; (i) ‘Sergeant of Police Clint Spencer; and (ii) Placed into the physical custody of ‘Lance Corporal Shakiel Thomas 25,’ he was also ‘Deprived of Life [April 9, 2020]. Mysteriously, some four days later, his partially-decomposed body was reportedly discovered among ‘Mangrove trees,’ then growing at the water’s-edge at ‘Indian Creek Bay’ [April 13, 2020].
COURT ROOM TO JURY ROOM
Likened to the ‘Soldiers of the ‘Old Grand Duke of York,’ the ‘Juries’ were marched from the ‘Court Room’ into the ‘Jury Room.’ This allowed for; (i) ‘Defence Attorneys; and (ii) Crown Prosecutors to advance ‘Legal Arguments’ as to whether; (a) ‘Crown Prosecutors’ had made out a ‘Prima Facie Case’ against the ‘4-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 ‘Murder-Accused’ to go on their defence?’ In ‘No Case to Answer Submissions,’ these have always been left to the consideration of ‘Trial Judges.’
CONCLUSION
In the instant case, the ‘Trial Judge, having looked at the evidence adduced by the ‘Prosecution, and applying ‘Facts to Law,’ decided that it was unsafe to place the ‘Fate of the Accused’ under the consideration of the Jury. Had it been otherwise, and decided upon a ruling that favored the ‘Crown Prosecutors,’ then likened to the ‘Grand Old Duke of York Soldiers,’ the ‘Juries’ would have been marched from the ‘Court Room’ into the Jury Room.’ Then after considering a ‘True Verdict,’ likened to those ‘Duke Soldiers,’ they would have been marched back into the ‘Court Room,’ with either a ‘Verdict of Guilty or ‘Not Guilty.’ Whichever may have been the verdict, the ‘4-Murder-Accused may either have been; (a) ‘Discharged from further trial; or (b) Face consequences that might have been ‘Institutionally Perilous.’ The ‘4-Murder-Accused,’ still has a chance to escape a new trial, as they await pending ‘Appellate Decisions’ form the Eastern Caribbean Supreme Court (ECSC).’ God Save the Judges’ and ‘God Save Criminal Ju
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