BASSETERRE, St. Kitts – THE testimonies of accused Alester Amory and Leon Phillip were deemed untrue by an all-woman jury that unanimously convicted the duo last evening (May 13) of a robbery offence.
The one-day case was based upon a July 17, 2009 incident which resulted in Jervin Nisbett, an employee of the St. Christopher Air and Sea Port Authority who resides as Ponds Extension, being robbed of a sum of money and his Blackberry Bold cellular phone.
Nisbett’s testimony placed him at a Spanish Bar on Pond Road at the top of Mad House Alley at about 11:35 p.m. He said after entering the establishment, he was about to order a “round of drinks” for persons at the bar when he received a cell phone call, which he took on the outside of the bar.
While standing between his vehicle and a wall, Nisbett said he was approached by the two accused, Amory from the front and Phillip from the rear.
“He (Phillip) put what I thought was a weapon to the back of my head and said ‘Give me what you got’,” Nisbett recounted. He said Amory was standing in front of him holding on to his belt while holding what he believed to be “a weapon” to his chest.
During the ordeal, as Nisbett explained, he realised that the area where they were was somewhat secluded and, in an effort to draw the attention of passersby, he wrestled with the men to “swing us out into the road”.
At the end of the incident, Nisbett was left without his Blackberry Bold, approximately $900 and a number of ATM cards, credit cards and identification cards.
He said he was able to recognise his attackers, having seen them in the vicinity of Mad House Alley on numerous occasions prior to the incident. He indicated that following the incident, Amory fled down Mad House Alley on a bike but he could not say where Phillip went to and by what means.
Amory and Phillip’s version of the incident drastically contradicted Nisbett’s testimony, and they maintained that while they were in the general area on the night in question, they did not commit any offence.
Both declared that on the night of the incident they went to a fast food joint, “Gilly’s”, to purchase chicken when they were approached by an obviously intoxicated Nisbett. They said Nisbett inquired of the names of “lil boys” who hang out around the area. Both men indicated that Nisbett became hostile when he was told they did not have the information he was seeking.
The accused said Nisbett told them if they don’t provide him with the names, or if they don’t assist him in retrieving his stolen possessions, “the innocent will pay for the guilty”.
Each said they left the area and disregarded the threat as empty. Weeks later however, both of them were arrested and charged with the incident. They explained that that is when they took the threat seriously. They also denied having any involvement in the robbery.
After approximately two hours of deliberations, the 12-member jury informed of its unanimous guilty verdict of both men. They are scheduled to return to court on May 27 for sentencing.
