BASSETERRE, St. Kitts – POSSIBLE flaws in the prosecution’s robbery case against Chadin Buchanan were highlighted on Tuesday (Sept. 29) during cross-examination processes conducted by his defence counsel, Jason Hamilton.
Buchanan is charged with committing a robbery on February 26, 2007. As alleged by the prosecution, Buchanan, while at the Circus, robbed Karen Tyson, an employee of Delisle Walwyn and Company Ltd., of EC$14,219.50 with the use of a gun. That sum is said to be the property of her employer.
Tuesday marked the second day in the case and saw the final four prosecution witnesses taking the stand, which included Warrant Officer Class One Derrick Fyfield of the St. Kitts-Nevis Defence Force and Corporal Carl Greaux of the Royal St. Christopher and Nevis Police Force, who is the investigator in the alleged robbery.
According to Fyfield’s testimony, on the day in question at about 10:00 a.m., he was in the vicinity of the Circus in a private vehicle when yells caused him to drive eastward along the Bay Road and onto Adlam Street where he met the accused running in a southerly direction.
Fyfield explained that after they made eye contact, the accused ran eastward. He further explained that he then left his vehicle and approached the young man who was then standing “behind a 40-foot container that was on a piece of land adjacent to the Barker and Kelly building”.
Fyfield said he asked the accused for the bag he snatched from the virtual complainant but his reply suggested that he knew nothing of the incident.
The accused, according to Fyfield’s account, was carrying a backpack which he had no problems allowing him to search upon request. He said it contained a head-tie, two articles of clothing and an iPod. Prior to that however, Fyfield explained, he saw him kick something - which he described as a black t-shirt - under the container and, when he searched it, it was empty.
By Fyfield’s account, he took Buchanan to the scene of the crime and asked an eyewitness if he was the perpetrator, to which he (eyewitness) indicated that he could not say because the perpetrator had something covering his face. Fyfield said the accused asked him for a ride to work but he was only able to take him as far at the Basseterre Fire Station, but before he left the vehicle he asked him if he could call upon him should he need other questions answered, and Buchanan replied in the positive.
On his way back to Camp Springfield, the officer explained, he “was suspicious” and decided to return to the area where he saw Buchanan. He said he made a search of the area and saw “what appeared to be a firearm” under the container and he called for assistance from other soldiers. A thorough search of the area, Fyfield explained, yielded deposit slips, a canvas bags containing coins, and other items which prompted him to have the soldiers collect Buchanan from his place of work, “and he came along without any trouble”.
He said Buchanan was taken to Came Springfield, where he was questioned. He then went back to his workplace.
During cross examination, Hamilton suggested to Fyfield that he, as a member of the Defence Force, acted wrongly by conducting investigations into a criminal matter rather than contacting the police at the earliest opportunity. He also put to him that while in the care of the Defence Force soldiers, Buchanan was intimidated with drawn guns pointed at him; charges which the officer denied.
Investigating officer, Corporal Greaux explained that on the day of the incident he spoke with Buchanan and, in the presence of other officers, informed him that he is making investigations into the matter. He said he cautioned the accused, who replied, “I don’t know anything”, and after being shown items which were recovered from the area where he was approached by Fyfield, he revealed the masterminds behind the crime.
“He said Melvin Mills and Elroy who work with him at Delisle Walwyn called him on Friday and set it up. And if you want me to give you a statement you have to cut a deal with me and let me go. I told the accused I am not making no deals. He replied, ‘Ah gun tek d rap. Charge me…’.”
According to Greaux, Buchanan was charged with robbery on February 28 and it was on that day that he went to Delisle Walwyn to speak with Melvin Mills and Elroy Williams. He said he arrested then on suspicion, interrogated them and searched their houses, after which they were released.
Throughout the course of his cross examination, Hamilton suggested to Greaux that he dropped the ball in carrying out extensive investigations into the matter before charging his client.
Hamilton asked the investigator if he was aware that the accused was in Defence Force custody prior to him being turned over to the police, and he indicated that he was unaware. He also said he was not aware that the accused was taken to the Defence Force camp, where he was interrogated for in excess of one hour before he was handed over to him.
Greaux admitted to the court that he never visited the area where the firearm and other items were discovered, nor was he aware that the accused was taken to the scene of the crime where a witness failed to identify him as the perpetrator.
When asked if the head-tie - which is said to have been taken from the accused – was taken to the virtual complainant to find out if that was the same head tie she saw covering the perpetrator’s face, Greaux told the court he made an attempt to do so. He said that attempt became unsuccessful when the virtual complainant saw the gun and “became very emotional”. He further explained that he made no other attempt to approach the virtual complainant on that issue.
The prosecution closed its case yesterday afternoon and the defence offered no evidence to go before the jury. Yesterday, both the prosecution and defence will present closing arguments which will be followed by the judge’s summation of the evidence. The jury was expected to retire for deliberations yesterday.
