BASSETERRE, St. Kitts – MARVI ‘MELLO’ DREW and Lester ‘8-Ball’ Tross yesterday (June 15) walked out of the Basseterre High Court in jubilation, as His Lordship Justice Francis Belle upheld a no case submission made by their lawyers in the murder trial of Shomari ‘Kwasi’ Williams.
Williams (24) of New Road died at the JNF Hospital at approximately 11:05 a.m. on Sunday, July 6, 2008 after he was shot in the right side of his head while driving along George Street, Newtown in the vicinity of Hope Chapel at about 11:15 on the previous night.
Also in the vehicle were the father of the deceased, Eric Williams, Jervin Dowell and the late Kwesi Twells.
The prosecution team, led by the Director of Public Prosecution (DPP) Paulina Hendrickson, called six witnesses to testify, including their key witness Eric Williams.
However, Eric Williams, who previously stated in the Magistrate’s Court that he saw Drew and Tross shooting at them on the night in question, changed his statement and said he did not see any of the accused before, during or after the shooting.
Consequently, the prosecution deemed him a hostile or adverse witness because of the inconsistent statements he had made on the previous day of the trial.
When asked by the DPP on that day if the persons he saw shooting at them were the two accused, Williams said that the experience was very traumatic and he could not have seen who the persons were and he did not see any of the accused on that night.
At that point, the DPP referred to his deposition and asked him if he recalled giving evidence in the matter to which he responded, “Yes”.
The DPP said that in the Magistrate’s Court Williams stated that he recognised the men who shot at them to be the two accused, that they had handguns and he was certain it was the same men who shot and killed his son.
Hendrickson also told the court that Williams further said in his deposition that he recognised both accused because they were not masked but had their shirts pulled up covering their hair.
However, Williams insisted that he did not know who shot at them and he did not see the accused that night.
As a result of his contradictory statements, Drew's lawyer, Chesley Hamilton, told the court that “a case should be withdrawn from the jury if the judge feels the main prosecution’s witness is not to be believed”.
“Eric Williams is an adverse witness. There is no evidence, and his evidence is inconsistent; therefore, he cannot be believed,” Hamilton added. He subsequently made a no case submission.
Tross’ counsel, Hesketh Benjamin, upheld Hamilton’s submission and told the court that “the prosecution had failed miserably”.
In his ruling, Justice Belle said he did not see the witness as being reliable, and stated that he would advise the jury to return a not guilty verdict.
On hearing the judge’s statement and after advising the jury’s Foreman to return a not guilty verdict, the faces of the two accused were all smiles.
Before leaving the court, His Lordship told them to keep out of trouble and that they should be advocates for the justice system, as it works.
“I hope you to don’t appear before the court again as persons who breached the law,” he said.
SKNVibes spoke briefly to the accused, who both expressed joy at being freed after being incarcerated since 2008.
“Just tell the people it’s not going to be easy,” said the 33-year-old Tross, while the 21-year-old Drew said he wants people to look out for him, as he is going to get into rap music.
“It’s a beautiful thing to finally be free,” Drew said.
Commenting on the case, Hamilton said the resources that the prosecution had were not there in terms of forensics.
“Once lawyers come to court prepared, it would be difficult for them to overcome those obstacles and, therefore, unless the necessary resources in terms of forensic science, trace and otherwise are put into criminal prosecution, we’re going to have more cases like this,” he said.
“It’s not for me to know what happened or what did not happen, but the prosecution has a case to prove and if they’re unable to meet that burden justice has to be done. People who come in innocent will leave innocent because they weren’t found otherwise,” Hamilton added.
Hamilton extended condolences to the victim’s family and stated that they must still be mourning the loss, but at the end of the day justice must be served.
Benjamin shared the same sentiments and said that the case showed that the justice system is working.
“It’s not every time the police pick up someone they are guilty. One of the things that is of concern is that a number of murders recently taking place and there is a consensus that everyone who is picked up ought to be put away, but that’s not the justice system. It’s based on the evidence in court and not in the market place. When you come to a court of law it is different and might not be pleasing to society at large.”
