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Posted: Wednesday 17 June, 2009 at 8:56 AM
By: Terresa McCall, SKNVibes
    BASSETERRE, ST. Kitts – LIUONEL ‘SHAGGY’ WARNER left the Basseterre High Court of Justice yesterday (June 15) a free man after he was exonerated of the murder charge brought against him.
     
    Warner was charged with the April 4, 2008 stabbing death of Alphonso ‘Bobo’ Richards.
     
    His trial, which lasted an approximate three hours, began with a 12-member jury being empanelled and the case entrusted to them. However, after five witnesses into the prosecution’s case, the court was informed that it will be offering no further evidence against the accused.
     
    One of the witnesses, Tyrone Belle, during his testimony, told the court that he was in the yard of Blondina Dickenson, a resident of Lover’s Lane, St. Pauls, when Warner was approached and assaulted by Richards.
     
    He said it was just approaching midnight when, while in the yard with others, he saw Richards come into the yard with a foot-long knife in his hand which he held to Warner’s throat, threatening that if he raised his hand he would stab him.
     
    It was Belle’s testimony that Warner constantly told the deceased to “cool” and behave himself as he didn’t want to get into any confusion. He explained that Richards was egged on by another individual in the yard by the name of Carissa Carty, whose comment to Warner was “You f@&ker you! You mit you match!”  Belle said she continued by telling Richards to pull up his pants and set himself, while he still had the knife to Warner’s throat.
     
    Belle said that he too gave a whack at trying to dissuade Richards from doing anything regrettable. He further stated that the verbal attacks were turned towards him and the deceased threatened to inflict facial injury upon him.
     
    Belle told the court that Richards and another individual left the yard.
     
    According to Dickenson, who is Warner’s girlfriend, she recognised a commotion in her yard and made an attempt to call 911. Belle said it was then that Richards rushed back into the yard, pushing Warner out of his way as he had turned his anger towards Dickenson who sought refuge inside her house. He said the deceased also ran after the accused and he sought refuge on the veranda of the home.
     
    Belle explained that Warner “was on the porch cooling” when Richards attached him with the knife and they “clashed on” to each other. He added that when they were separated, Richards was seen to be stabbed and he subsequently left the yard.
     
    Other witnesses who gave evidence include Dickenson, brother of the deceased Kevin Jeffers and Constable Fitzroy Morton, the investigating officer.
     
    The investigating officer read the statement Warner had given him, and in it he explained that during the incident Richards suggested that he was to suffer consequences because he testified against ‘Buncum’ in one of the murder cases thatwas brought against him. He further explained that when Richards swung the knife at him, “I grabbed his hand and turned it back to him.”
     
    Director of Public Prosecution (DPP) Paulina Hendrickson explained to the court that “Based on the evidence before the court, I cannot, in the interest of justice, continue with the case against Lionel Warner.”
     
    In concurrence, defence counsel Hesketh Benjamin, who was assisted Dr. Henry Browne, explained that there is not a scintilla of evidence against his client which suggests that he did anything wrong. The evidence, Benjamin explained, shows that Warner defended himself, which he has a right to do in the eyes of the law. 
     
    Trial judge, His Lordship Justice Francis Belle explained that the prosecution had two things to prove: 1) that an offence was committed and 2) that the offence was committed by the accused.
     
    Having failed to prove the second, Justice Belle ruled that there was no evidence against Warner to prove that he committed the offence of murder. He ordered the jury to return a unanimous “not-guilty” verdict to which its members acquiesced.
     
    After little more than one year of incarceration, Warner got his first taste of freedom.
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