Attorneys reject defending murder accused
Judge to give ruling tomorrow

By Terresa McCall
Reporter-SKNVibes.com

BASSETERRE, St. Kitts – A verbal battle at the Basseterre High Court earlier today, emanating from a request made by a defence attorney to be relieved from representing one of the two accused in the Michelle Weekes-Benjamin case, led to the postponement of the case which was scheduled to commenced today (Oct. 20).

William Benjamin and Shervin ‘Squeaky’ George were brought before the court this morning having been charged with the offence of murdering Michelle Weekes-Benjamin between October 29-30, 2006.

The court was initially informed that defence counsel Hesketh Benjamin was providing representation for both accused. However, following an in-chambers meeting among trial judge Justice Francis Belle, the prosecution team and Benjamin, it was stated that he had requested that he be granted leave of the court from representing William Benjamin.

Justice Belle informed the Attorney-at-Law that his wish was denied, noting that his representation of George in the case is testament of his ability to represent William Benjamin and therefore is not allowed to withdraw from the matter. Accused Benjamin also told the court that he does not wish for Hesketh Benjamin to represent him.

Lawyer Reginald W. James, who had entered the court shortly after, was appointed to the case as an assistant to Hesketh Benjamin. Justice Belle instructed both men to collaborate and provide representation for the men.   ~~Adz:Right~~

In response, Hesketh Benjamin told the court that he would still prefer to be removed from the case and described the fact that he was not granted permission so to do, “is unfortunate” as “I would not be here mentally for his (William Benjamin) case”.

In what may be deemed an interesting twist, Attorney-at-Law James stood before the court and also requested that he be dismissed from the matter; a request which was denied by the court.

“You must understand what your professional responsibility is,” Belle, seeking to get the proverbial show on the road, told both Attorneys. However, James told Justice Belle that he is not prepared to provide representation or assistance in that case. He also told the court that William Benjamin had indicated to him that he does not wish for him to provide representation for him. A further request made by James to be removed from the case was also denied.

Lead prosecutor in the case Sir Richard Cheltenham made his contribution to the “debate” and expressed that while much emphasis has been placed on counsel, the attention should be on the accused who have rights which must be respected. He said it is wise to observe and respect the rights of the accused rather than allow a situation to develop whereby a higher court rules that rights were violated.

William Benjamin still maintained that he did not want Hesketh Benjamin on his case and the lawyer said the fact that the accused is uncomfortable with his being on the case makes him also uncomfortable being on the case.

Justice Belle informed that following the court proceedings, he would meet in chambers with counsel and have further discussions on the matter. He also declared that tomorrow he would make a ruling on whether or not Hesketh Benjamin and James would provide representation.

His Lordship discharged the waiting jurors and ordered they return tomorrow at 9:00 a.m. when they would be impaneled for a case; as to which case that may be, Justice Belle says he did not know.

An amendment was made to the indictment which was filed by the Director of Public Prosecutions against the two men, and William Benjamin will be tried for murder while George will be tried for “accessory to murder”.