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Lawyer claims client beaten to sign murder confession

by Barbados Today
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During an interview and in a statement, according to police, murder accused Romario Boxill confessed to shooting David Miller.

However, when the murder trial continued in Supreme Court No. 3, Boxill’s attorney, Senior Counsel Angella Mitchell Gittens, insisted that her client made no such utterances, and objected to oral statements, as well as a written confession which she said was “obtained through force”.

Boxill and Antonio Valentino Michael Joseph are charged with the April 16, 2015, murder of Miller, formerly of Vaughn’s Land, St Joseph.

During his testimony, the lead investigator in the matter, Sergeant Carlos Hall, began to read from an interview conducted with Boxill on April 17, 2015, saying that the accused man had consented to the interrogation.

The police witness said the accused had stated, “My lawyer, Carter, say I can talk.”

At that point, Mitchell-Gittens interjected, making a formal objection to that “and all other oral statements following this one on the basis that they were not made by the accused”.

Hall said that when asked about the shooting, the then 19-year-old Boxill replied, “All three of we went down there, and Lucian and the Rastaman was dealing with business. I hear someone shout for ‘help’ and I get out de car. Lucian and the Rastaman was scuffling and I draw my gun and shoot de Rastaman.”

Just before the statement was read into evidence, Mitchell-Gittens again objected, saying that it had been obtained through force and Boxill’s signature was not “freely and voluntarily given and was placed on the document after his arm was broken while he was in custody”.

When questioned by Principal State Counsel Neville Watson as to how the information from Boxill was received, the police witness said it was given voluntarily and he denied that officers used any force or threats to get the statement.

He also said that no reports or complaints had been received about Boxill being beaten in police custody.

Justice Carlisle Greaves, who is presiding over the matter, allowed Hall to read the statement.

In the account, the accused said that he had travelled to Vaughn’s Road with two other men. He said when they arrived, one of the men got out of the car and went to a Rastaman to get a pound of weed but he only had a quarter pound. The Rastaman sent a woman to get more and continued talking with the other man before going on a cell phone, Boxill told police.

The accused said he was sitting in the car when he heard someone shout for help, and when he looked back, he saw the two men scuffling.

“I see a black handle knife in the Rastaman pocket and he was trying to get it so I get out the car. I draw a gun I had but he was not letting go, so I fired and shoot he as I get close. After that, we run off from there and get in the car and when we were driving the track going across by St Andrew Church, a grey police van drive past we and turned around and was following we. I heard the siren come on and when we were going towards Farley Hill, I heard another siren coming towards we. When the driver went to pull off, they lost control and it hit and flip and that is the last thing I can remember. When I woke up, I was in the hospital with a lot of people around me,” Boxill’s statement continued.

Responding to questions in cross-examination, Sergeant Hall said that during the interview, Boxill had lacerations to his hands, face and about his body. He testified that at some point after the interview, he saw Boxill with a bandage around his arm, but was unsure as to the circumstances which led to this.

Hall said the accused was in police custody from April 17 to April 22, 2015.

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