BASSETERRE, St. Kitts – NEW developments in the Dexter ‘Asbal’ Marsham case occurred yesterday, Nov. 30 when the prosecution withdrew their case against the number one accused Curtlee ‘2Pac’ Rogers.
The prosecution made an application for the case to be withdrawn which was accepted by His Lordship Justice Errol Thomas who then directed the jury to return a not guilty verdict in the case against Rogers.
Justice Thomas told the jury that the prosecution was relying on joint enterprise in seeking a conviction against Rogers.
“I have agreed with the request against Rogers to discontinue the matter,” the Judge said.
According to research, Joint enterprise is a legal doctrine which imputes criminal liability on the participants to a criminal enterprise for all that results from that enterprise. A common incidence of the application of the rule is to impute criminal liability for example, assaulting a person with a knife, on all the participants to a riot who knew, or were reckless as to knowing, that one of their number had a knife and might use it, even when the imputed participants did not actually have knives themselves.
The prosecution made that application after they rested their case against the defense.
The charge against the number two accused Alpha ‘Raga’ Duporte remained who along with murder also faces two counts of attempted murder.
Both accused were being represented by Senior Counsels Dr. Henry Browne and Hesketh Benjamin.
A total of 14 witnesses were called on behalf of the prosecution for the trial which began on Monday, Nov. 27.
The list of witnesses include Dr. Norgen Wilson who pronounced Marsham dead, Dexter Jacobs, Matthew Joseph, Dr. Lawrence Rawlins, Shamika Williams, Lewis Welch, Kyam Veira, Bryan Berkeley, Rosline Marsham, Royden Gumbs and Jacintha Marsham.
Kyam Veira, in his evidence said that he saw someone who appeared to be Duporte shooting from behind a tree.
WPC Shamika Williams said when she arrived on the scene of the crime she met Ricaldo Marsham, the brother of Dexter, and he was holding up his brother as she observed a gunshot wound on the left side of his head and what appeared to be blood.
She also said that Dexter was gasping for breath and coughing with what appeared to be blood coming from his mouth.
She said while they waited on the ambulance she saw the deceased take in what appeared to be his last breath where his head hung on the side.
Williams said the scene was processed and three rocks and 13 spent bullet shells were collected from the scene.
It was also revealed in Williams testimony that Rogers was first arrested and charged then freed of the charge before he was arrested a second time on January 5, 2010.
The case continues today Dec. 1.
