BASSETERRE, St. Kitts – SIX men and six women will today (June 18) decide on the fate of Garvey Rogers who is accused of committing a 2007 gun-related crime.
The Conaree resident, according to the prosecution, “shot at” Kenville Carey on October 20, 2007 while he was in that village.
Carey, one of the two witnesses in the case, told the court that at about 11:00 on that night, he was walking along a road in Conaree in the vicinity of Tulley’s Mechanic Shop when he heard the sound of gunshots. He said, Leon Jederon, the individual with whom he was walking, took off running.
The virtual complainant testified that he continued walking and saw the accused running towards him at which point he went next to a bus. He said the accused fired two shots at him but none caught him. Carey explained that he sought refuge in someone’s yard after which the accused fled the scene.
The unharmed man told the court that when he visited the area sometime later, he saw a hole in the bus which he hid next to.
On oath, Carey said assuredly that he saw the person who was shooting at him that night and that person, he pointed out, is Rogers.
Investigating Officer Constable Carl Greaux also provided evidence in the case.
Lead prosecutor Reynold Benjamin reminded the jury that the virtual complainant positively identified the accused as the person who shot at him on the night of October 20, 2007. He asked the jury to infer that the accused, by way of his actions, intended to cause the virtual complainant grievous bodily harm.
Defence counsel Chesley Hamilton however reminded the jurors that in order for Garvey to be convicted, they must be convinced of his guilt beyond reasonable doubt.
He furthered that the prosecution has failed to prove its case beyond reasonable doubt. Two main points on which he based his argument are:
1) The virtual complainant testified that he does not mistake persons for others and, because of the fact that he is human, this would be difficult for a jury to accept thus raising the question of whether or not the VC’s “positive identification” of the accused could be accepted; and
2) There is no evidence that the shots fired were directed at the virtual complainant.
When court resumes today, trial judge, His Lordship Justice Francis Belle will present a summation of the evidence to the jury, after which it will retire for deliberations.
Rogers faces the possibilityof a 10-year penalty should he be convicted.
