Attempt to Influence Jury Case Thrown Out
By Pauline Waruguru
Nevis Reporter- SKNVibes.com
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Lawyer, Anthony Johnson
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Charlestown, Nevis: A case in which Irvin Challenger is accused of influencing the Jury during the trial of the late Eric Weeke’s murder case was thrown out yesterday at the High Court in Nevis, by Justice Francis Bell.
“I have considered carefully what both sides are saying; facts have to justify legal definition. The drafting of this case does not set up the ingredients to indicate corrupt activity. It is difficult to prove intention of individual. Look at what is an attempt.” He said there was no case.
Prior to his ruling, the members of the Jury entered a verdict of not guilty.
“We have entered an unanimous decision of not guilty,” said the members of the Jury; headed by Mr. Rolston David.
Challenger had been charged with influencing Cresentia O’Flaherty a Juror during Eric Weeke’s murder trial on Tuesday, November 22 2005.
His wife Dawn Challenger faces the same charge. Her case is yet to be heard.
Challenger was represented by Anthony Johnson while Crown Counsel, Bullen Simone appeared for the Prosecution.
According to Johnson’s submission, Challenger had made a stand alone statement on the material day. He had found Cresentia at the Memorial Square and told her, “Do you know the number two accused is my son?” In his ruling, His Lordship said Challenger’s statement did not go far enough and He may have been testing the waters.” He discharged Challenger. “You are free to go. Be careful.”
~~Adz:Right~~ Earlier, Johnson had submitted that the Jury had to be corruptly influenced. He said the Prosecution had failed to prove beyond any reasonable doubt that there was any corrupt influence: “What is the prosecution requiring to prove? What are the elements of the case? There was no influence by money, threats, letter or persuasions. It is clear that the question of attempting to influence Jury has to be done by some form.”
“Challenger never said “I want you to be lenient on him.” This is a criminal case and the Prosecution has not recorded any threat. They cannot speculate. There is no iota of evidence to suggest there was any attempt to influence the Jury. They have to prove that the accused had knowledge that he could influence the juror.”
Simone argued that persuasion could be established, “There was an attempt by nature of the words spoken.” She also said that Challenger had made contact with intent to persuade Cresentia.
According to Cresentia’s testimony, on the material day, she was going back to the High Court at 1:20 pm when she was called back to the square by Keith Scarborough, popularly known in the Calypso world as King “Dis n Dat”.
“Challenger was not there when “Dis n Dat” spoke to me. A minute or two later, a gentleman (Challenger) approached us. He shook hands with Scarborough. He (Challenger) turned to me and said, ‘Cresentia, just to let you know, accused number two is my son. I turned to him and replied “I do not know who is who.” I left both men standing there and headed back to the court.”
In his testimony “Dis n Dat” told the court he had known Challenger for 20 years. He said on the material day, he was at the Memorial Square in Charlestown when he saw Cresentia. He spoke to her about an appointment he wanted to set up with the General Manager at Four Seasons Resort.
She continued to say that Challenger joined them. She admitted that Challenger had spoken to her. Challenger then asked “Dis n Dat” “What do you think about what I said.” “Dis n Dat” told Challenger; “I didn’t hear what you said.” Dis n Dat then told Cresentia, “Had I known you were a juror, I would not have spoken to you.”
The next day, November 23rd Cresentia reported to the Deputy Public Prosecutor, that Challenger had attempted to influence her. The matter was handed over to the Police and investigated by Inspector Hilroy Brandy, the head of CID Nevis.
