Witnesses urged to testify in court as murder accused walk free

Moments before a jury was directed to return a not guilty verdict for two men accused of murder, Acting Deputy Director of Public Prosecutions Krystal Delaney stressed that Barbadians must be willing to give evidence not only during the initial investigation but also when matters reach the court.

Delaney made the statement after revealing that the State had no further evidence to offer in the trial of Adrian Ryan Jones and Jamal Omar Anthony Maynard, following a key witness’s failure to provide testimony linking the accused to the offence while on the stand.

Noting that there was also no forensic evidence or confession statement by either of the accused, the prosecutor asked the presiding judge Justice Carlisle Greaves to direct the jury to return a ‘not-guilty’ verdict in the matter.

“We are in a stage in Barbados where most of us are concerned with the crime, especially as it relates to firearm crime, and we ask persons that if they see something, they should say something, and in this case, (the witness) did say something initially, which led to these two being charged.

But the responsibility we are asking Barbadians to undertake is not just to say something at the time of the event, but it is a continual obligation, and to say something when it comes to court, because, even though I am obligated to present the case, I cannot present the statement. The evidence continues to be that from the witness box, and if we have persons who are not willing to come to court and willing to say what they saw, then we have no case.

“And that’s the background where the State is today in relation to this offence and this charge of murder against these two accused men. In the absence of the evidence of (the witness), the State is in the regrettable position, sir, where we have no further evidence to offer in this case and in the circumstances, we would ask that you direct a not guilty verdict to be brought back,” she said.

Jones of Enterprise Main Road, Christ Church, and Maynard, of No. 21 St Paul’s Avenue, Bayville, St Michael, were accused of murdering 20-year-old Shae Hackett on September 6, 2021.

However, when the trial resumed on Wednesday, Delaney stated that the State had made a decision regarding how the case would progress.

“Your Honour, you would recognise that from the bundle that was before the court and not before the jury that there is certain eyewitness evidence from (a witness) on which these accused were charged. He would have made very clear assertions to the police about what he saw that night, putting a firearm in the hands of each of these accused, and he said certain things which led to them being charged. The State has no other eyewitnesses in this matter, and you will recall that when (the witness) came to this court to give evidence, he said he saw no firearms on that day, (and) he saw no interaction between the accused, Jamal Maynard, and the deceased. He pretty much distances himself from the statement he gave to the police and the account on which these two men were charged . . . . And he certainly is saying that he never saw the accused, Adrian Jones, with a firearm, even though he put Adrian Jones in a scuffle with the deceased.”

In addition, Delaney said that in their video-recorded interviews, neither man confessed to the murder, as Jones claimed to have been the victim shot by Hackett, while Maynard said he had been in his gallery and not involved in the altercation.

“We no longer have an eyewitness that says certain things and no evidence that can prove beyond a reasonable doubt that these two men murdered Shae Hackett,” she stated.

Agreeing with the submissions made by the State, Justice Greaves told the jurors, “There being no other real evidence to tie the accused to the crime, the prosecution has deemed it fit not to proceed.”

He stated that, under the Evidence Act, a previous statement cannot be relied upon once it is contested by a witness, and that the evidence considered by the jury was based on that presented in court.

The judicial officer then directed the 12-member jury to return a not guilty verdict, telling Maynard, who was represented by defence lawyer Safiya Moore, and Jones, who was represented by King’s Counsel Andrew Pilgrim and attorney Summer Hassell, “You are discharged”.

Justice Greaves also acknowledged that there had been “other difficulties” experienced with the case created by one of the accused’s video recorded police interview.

Noting that there were no provisions made within the Evidence Act for these interviews to be transcribed when they were being recorded, he stressed the necessity of ensuring that the court and the jury could follow the statements made by the accused without difficulties.

The judicial officer stated that it was crucial for jurors to hear the true evidence, as different individuals might perceive different words.

“In this case, you heard the interview. For me, it was extremely difficult to understand and hear what was being said here, far less remember it. I would have had tremendous difficulty directing you about how to approach that evidence based on what we saw there. I see some of you nodding your heads, who looked like you were struggling to make sense.

That should not happen. The duty is on the prosecution to provide good quality evidence for you to judge on,” Justice Greaves contended, adding that the Act should make this clear in the future.

He then directed the Office of the Director of Public Prosecutions to ensure that all recorded interviews, regardless of quality, are accompanied by a transcript with copies to be provided for each juror during trials.

“Go back through your files, get your transcripts done before you get here. They must be served on the defence and filed with the courts. When the case is being presented, there must be enough copies that each juror can have a copy,” he said.

(JB)