BASSETERE, St. Kitts – A nine woman/three man jury is expected to decide on the fate of murder accused Calvester ‘Cally’ Herbert and Patrick ‘South’ Weekes sometime today (June 08).
The duo are standing trial for the September 4, 2003 murder of Gerard Saddler, the attempted murder of Glen Liburd and having a firearm in possession with intent to endanger life. The offences occurred at Orchid Street, Greenlands sometime between 8:30 p.m. and 9:30 p.m.
Herbert and Weekes were previously tried for the same offences and convicted at the Basseterre High Court of Justice, but their appeal to the Court of Appeal of the Eastern Caribbean Supreme Court (ECSC) was heard and both the conviction and sentence of the lower court were stood down and a retrial ordered.
The re-trial began on Tuesday (June 2) and saw an approximate 17 prosecution witnesses being called to give evidence including Liburd. During his testimony, Liburd told the court that he was walking in a northerly direction along Orchid Street with Saddler about 12 feet in front of him when a SUV, which he identified as having the registration number PA1119, drove down the road and someone from inside the vehicle shot Saddler then him. He said after the shooting, the vehicle sped off in a southerly direction.
Liburd indicated that he knew the vehicle from which the bullets were fired to be owned by Herbert. He however explained that he was unable to indentify the person(s) in the vehicle during the shooting.
Other prosecution witnesses were able to place the vehicle [PA1119] on the scene of the crime but were unable to say if Herbert or Weekes was at the scene.
The statement Herbert gave to police the day after the incident occurred was read in court. It stated that he was driving down Orchid Street on September 4 and when he drove past Saddler he heard a bang. The statement also explained that he continued driving and, in the process, someone stuck their hand which held a black gun out of the car’s window and fired other shots.
After the prosecution closed its case on Thursday, the two accused were given the opportunity to take the witness stand and or call witnesses but they declined.
Counsel for the Crown and the defence presented their closing arguments on Friday and this morning, presiding judge, His Lordship Justice Francis Belle will give a summation of the evidence and direct the jury in accordance with the law.
The prosecution team is being led by Sir Richard Cheltenham QC of Barbados and both accused are represented by Dr. Henry Browne.
