BASSETERRE, St. Kitts – For yet another time, Calvester ‘Cally’ Herbert and Patrick ‘South’ Weekes are standing trial at the Basseterre High Court of Justice on charges of murder, attempted murder and firearm possession with intent to endanger life.
The trial commenced yesterday (June 2) with five of the approximate 20 prosecution witnesses laying evidence before the three-man/nine-woman jury for its consideration.
The Crown, which is being led by Sir Richard Cheltenham QC out of Barbados, during the course of the case will endeavour to prove that both Herbert and Weekes committed the murder of Gerard ‘Bugs’ Saddler and the attempted murder of Glen Liburd on the night of September 4, 2003.
Liburd, the prosecution’s first witness, explained that on that fateful night he was at a friend’s house in Greenlands, along with a number of other individuals, and was later joined by the deceased. He said he left the house at about 9:00 p.m. in the company of the deceased, went to purchase some beers and cigarettes and was heading back to his friend’s house when the incident occurred.
He said he and Saddler were walking on the eastern side of Orchid Road going in a northerly direction when a vehicle with its lights turned off approached from a southerly direction and someone within began shooting at them.
“Bugs was about 12 feet ahead of me…I saw a blue expensive-looking jeep come down the road and when it reached Gerard Saddler it stopped almost to a standstill. A hand came out of the left passenger side and three shots were discharged in Gerard Saddler’s direction. He fell to the ground and I saw the hand with the gun coming in my direction. I tried to run. I felt a burning sensation in my left pelvic bone…that gave me the impetus to throw myself behind a ‘dumpan’….”
Liburd further testified that after successfully concealing himself behind the garbage pan, another shot was fired. He also explained that on the night of the incident, he wasn’t able to recognise anyone in the vehicle or could he tell how many persons were in it.
“After shooting, the vehicle sped off southwards. I saw the vehicle up to the Tuesday before, two days before. The number one accused [Herbert] was driving it.”
The witness told the court that the incident occurred just about 15 feet from the St. Kitts-Nevis Defence Force’s perimeter fence, and after the shooting occurred he yelled for assistance. He said, initially, “about three” officers immediately responded and were later joined by others. He further explained that he and Saddler were taken to the Joseph N. France General Hospital and while he was treated and discharged, Saddler succumbed to his injuries.
Another witness, Jeneve Mills, told the court that he was in the company of Saddler on the night of September 4, 2003 and, while at Westbourne Ghaut, he observed a slapping incident which took place between Herbert and Saddler.
He explained that Saddler and Herbert had a conversation after which Saddler slapped Herbert in the face. He said the slapping and conversation continued for about “five to 10 minutes”. He further explained that Herbert did not respond to Saddler’s comment, “You’re suppose to be my friend.”
Saddler, Mills explained, left Herbert and went to a nearby garage. Although he could not say whether he was receiving or making a call, Mills told the court that Herbert “went on his phone” and proceeded into a nearby alley where Weekes was, then they, along with a third individual, left the area.
He noted that he next saw Saddler sometime between minutes to or after 10:00 p.m. that evening, the last time he saw him alive.
Evidence was also heard from the mother of Weekes’ children, Laurencia Lake, Police Constable Avalon Anthony and Leonard Allen.
Lake testified that she was with Weekes for the entire day until about 6:00 p.m. and did not see him again until approximately 9:00 that evening.
Late last year, the Court of Appeal of the Eastern Caribbean Supreme Court ordered that the two be retried. Resultantly, the case appeared for hearing on the list for the January 2009 Criminal Assizes but it was traversed to the present assizes.
Both accused are represented by Dr. Henry Browne.
