BASSETERRE, St. Kitts - WHEN the prosecution presented its case against Alex Claxton, it found itself having many discrepancies as the testimonies of star witnesses did not corroborate with one another.
Claxton was charged with shooting with intent to do grievous bodily harm at police officer Cleavon Chumney of the Delta Squad and Defence Force Officer Gareth Phillip. The incident was alleged to have occurred on November 17, 2011.
The case which began last Wednesday (Sept. 26) saw the prosecution calling four witnesses to give evidence on its behalf.
Chumney and Phillip, the star witnesses, were the first two to be called to the stand and both testified that on the night in question, acting on information they received, they along with other officers from both the police and defence force went to the Newtown area in search of someone.
Chumney testified that while he and Phillip were in an area close to an alley on West Street they observed Claxton, having identified him using a flashlight, sitting under a tree with a young lady.
Chumney stated that Claxton got up and made his way through the alley and after being cautioned not to move, continued to "side-step" through the alley with his hands between his legs and later turned and raised his hands shoulder height pointing a pistol at them.
Phillip, however, stated that he and Chumney spoke to the young lady when they entered the alley, they scanned the area and he saw a shadow a distance in front of them.
He also stated that they shouted "police, don't move" and Claxton shouted back "who that?" and proceeded to "side-step" into the alley after Chunmey turned on the flashlight and identified Claxton, after which Claxton raised the firearm to them.
Both men testified to shots being fired but while Chumney stated that Claxton fired first, Phillip testified that he could not say who started the shooting. None could say how many shots were fired.
Chumney and Phillip stated that Claxton made his escape through the alley and onto Wellington Road into the direction of the Public Works Department.
Chumney however testified that he and Phillip looked for Claxton but were unsuccessful. He also stated that he along with an Inspector, a Sergeant and two others went back to the scene the next morning at around 8:00 a.m. but found nothing.
Phillip, on the other hand, testified that both Chumney and himself went back to the scene that same night following the incident and picked up two bullet shells, one which belonged to him and Chumney "claimed the other".
Investigating Officer Fitzroy Morton and Ricardo Sampson also testified on behalf of the prosecution.
Morton told the Court that when he informed Claxton that he was accused of shooting at officers Chumney and Phillip, he said that he ran away from the scene because he did not know they were police and defence force officers.
He claimed Claxton said, "I don't even know the policeman dem that come through the alley. I was there cooling and I see a light come through and somebody say something and I get up and run down by me cousin dem".
Morton also told the Court that after going to the area and gathering useful information, Claxton was arrested and charged in the first instance.
Claxton along with two other persons testified for the defence.
Claxton claimed that he had no firearm, and he did not shoot at the officers.
He stated that he ran up the alley on West Street and onto Wellington Road to his cousin’s house after they opened fire on him.
The young lady, who was with Claxton on the night in question also testified, telling the Court that she and Claxton were in the alley "cooling" when the officers came and opened fire on Claxton.
She also testified that Claxton was stopped and searched earlier that night by police officers and they found nothing on him.
Another young man also testified on the defence's behalf. He, too, stated that Claxton was searched earlier by police officers who found nothing.
He told the Court that he was sitting on the other side of the alley and saw when the officers came and opened fire on Claxton who ran away.
After the defence rested its case, Counsels on both sides gave their closing arguments. His Lordship Justice Errol Thomas then gave the summation of the case which was followed by the jury going into deliberation.
