Gun cases dismissed as witnesses decline to give evidence

Two gun cases were dismissed by a High Court judge on Tuesday because witnesses were unwilling to give evidence.

It was a development that concerned Justice Carlisle Greaves who presided over the cases in the No. 3 Supreme Court.

“We should not find ourselves in a jurisdiction in which those accused walk because citizens feel too intimidated or scared to speak in a court of law. I hope that our society has not gone too far in the direction of silence, because nothing good could come of it either for them or for those who are accused of terrorising our society,” he said.

“We all have to live in this community, we all have to speak out, we all have to stand up . . . . We can be a better society than we are.”

He made the comments as he dealt with the case of three accused St Michael men – Andre Clyde Cave, of Fairfield Cross Road; Richad Barry Boyce, of Kellman Land, Black Rock; and Richard Shamaro Worrell, of Derriston Road, Grazettes.

The trio had been jointly accused of using a firearm on May 15, 2018, while committing the offence of violent disorder, as well as using unlawful violence that would cause others to fear for their safety.

They were freed of the charges when the case was dismissed for want of prosecution, due to the unwillingness and unavailability of witnesses to testify for the prosecution.

“Our system must be so efficient that we must be able to apprehend, investigate and try those in our community who terrorise it. These are serious indictments, and our citizens must not fear to speak up,” Justice Greaves said.

“If too many of our people hold their silence in the face of the evils that are happening . . . we will find ourselves in the identical situation that German priest [Martin Niemöller] found himself in during World War ll when he said, ‘First they came for the socialists, and I did not speak out – because I was not a socialist. Then they came for the trade unionists, and I did not speak out – because I was not a trade unionist. Then they came for the Jews, and I did not speak out – because I was not a Jew. And then they came for me – and there was no one left to speak for me’.”

In the second case, Baldwin Obrian Cornelius Marksman, of Padmore Village, St Philip, had a six-count indictment dismissed against him. 

Among the charges were: use of a firearm; causing serious bodily harm with intent; discharging a firearm in a public place, namely Padmore Village, in a manner that placed two people in danger of death or serious bodily harm; and robbery.

Senior Crown Counsel Neville Watson was the prosecutor in both cases. He told the judge that it “seemed that the witnesses have no interest in participating in the prosecution of this matter” as they had not appeared in court as requested. 

The prosecutor then asked that Marskman’s case be dismissed for want of prosecution.

“This is the second time this morning we are faced . . . with another gun case in which the accused man or men . . . [is or are] accused of shooting up the place . . . ,” lamented Justice Greaves.

The judge told Marksman: “We have a good country here . . . . People spend millions just to come and live in it, people spend thousands just to come and live here for a year. We are blessed with 365 days of sunshine, no snow to shovel, no bombs to run from, nobody is invading us . . . no terrorism . . . . 

“[It is] expensive to live in – as the calypsonian said, ‘rice gone up, cheese gone up, fuel gone up’ – but it is still a good country to live in . . . . This is a great country . . . make a good contribution to it, Sir . . . but do nothing at all to pull it down.”