Defence Attorney unaware of preliminary hearing
BASSETERRE, St. Kitts – SHAWN BRADSHAW, one of three men charged with the January 26, 2012 murder of Elvin Elvis Stanley, walked out of the Basseterre Magistrate’s Court a free man on Friday (June 1) after being in custody at Her Majesty’s Prison for almost four months.
Speaking with SKNVibes in the presence of his lawyer, Chesley Hamilton, Bradshaw blamed the police for his incarceration, noting that they were not thorough in their investigation and had caused him to lose four months of his life for a crime he did not commit.
Wrongful Arrest
Recounting the events that transpired since he was arrested on the morning of Monday, February 13, 2012, the Parson’s Village resident said, “I was home lying down on me bed when police come and raid me place. Dey tek me up off me bed and seh dey suspect me of murder. Dey carry me to Old Road Police Station then dey tek me from there and carry me to Basseterre Police Station and had me in the lockup. Three days after a police officer came and tell me that he charging me foh the murder of Mr. Elvis Stanley.
“After I was charged, the officer tek me from de station and carry me down in the courthouse. And from the courthouse he carry me over in the prison yard and lock me down until this time,” Bradshaw said.
The Preliminary Inquiry
Bradshaw declared that he was previously informed that the Preliminary Inquiry into his case was slated for Monday (June 11) and that his lawyer was also aware of that date, but it was changed on Friday (June 1) without prior notice.
“This morning when we went foh recreation Mr. Liburd tell me, ‘Mr. Bradshaw yo going court today, get yoself setup.’ I was kinda surprise because dey had done give meh a date foh de 11th of dis month foh de PI.
“When ah get in court in front Ms. Mallalieu and the DPP, in less than half an hour deh told me, ‘Mr. Bradshaw, we haven’t found you with anything and you are free to go.’ After spending four months foh something I didn’t do dey tell me so. Not even meh lawyer did know that toady was the case. He was unaware of it. When I was leaving the courthouse the DPP asked me if I have money to catch bus to go home and I tell her no. So she give me five dollars.”
Loss of Income
The visibly angry construction worker claimed to have lost a contract due to being incarcerated, which disabled him from honouring his financial obligations to his family.
“Dey lock me down foh four months and I get me mother, me girlfriend and me sisters dem to take care of. I do tile work, mason work, carpentry and plumbing, and when deh tek me off me bed after five o’clock that morning I had a job over in Tabernacle and I lose it because of this wrongful arrest.
“This wrongful charge mek me feel sick; sick with de system. The police ain’t doing dey wuk properly…just tekking up people children and giving dem murder charge foh something deh ain’t do. And directly, CG Walwyn ain’t doing a good job. If I get to meet him face-to-face I will tell him so because he gat me in deh foh four months and I ain’t do nothing wrong and now deh had to let me go. Deh wasted my time and tek four months out of me life when I could be working to complete building me house and help me family.”
Life in Her Majesty’s Prison
Bradshaw is adamant that he would not be going back to prison and insinuated that life in that penal institution is not for human beings.
“It is about four months now since I bin in prison for a crime me ain’t know nothing about. While in prison it was real punishment. You ain’t eating properly, you ain’t getting no good treatment, just one set ah food everyday…rice, rice with lentils and chicken and cool aid drink. Once in a while dey give you lil soup with chicken.
“I was also sick twice while in jail because the condition there ain’t good. I was one of 23 people in the cell that dey put me. That cell had six bunks and so 11 of us had to sleep on the floor. I used to spread a blanket under a bottom bunk and crawl under it every night foh sleep. The stench in the cell was not nice, because it was overcrowded and we all breathing whatever each other exhaled. All kind ah man was in the same cell with me; from juvenile to man who kill and man who rape.”
Police Crime Fighting Policy
Attorney-at-Law Chesley Hamilton had also shared his concerns over the over-crowding at Her Majesty’s Prison and indicated that the police’s policy of incarcerating suspects without substantial evidence would continue to adversely impact on taxpayers’ dollars.
“It seems as if there is a policy of catch and release, and right now there are more that 370 people in custody in the Federation and it is the most we’ve ever had incarcerated over the years. Some people feel that this is the way to deal with crime…just lock up and keep locking up, and I don’t believe that we the citizens should be paying a food bill that could rival that of the Marriott.
“The Marriott does not have 370 people in it right now…I know that for sure. So, I just want to know why we have to have 370 people over there because some people believe that the best way to deal with the crime problem it to just lock up and keep locking up.”
Hamilton also claimed that he was unaware of his client’s trial on Friday morning and only knew of his release while on a visit to the Basseterre Police Station.
He told this publication that for the entire week he was in the High Court but “while on my way to the police station I saw Shawne was coming towards me and I was surprised to see him unshackled and without police escort, because he was supposed to be in prison awaiting the Preliminary Inquiry”.
Hamilton also told this publication that he stopped and spoke with Bradshaw and advised him to immediately go to his office and await his arrival.
“I was totally in the dark concerning Shawne’s trial. I don’t know what it is, I don’t know why he was released and, as a matter of fact, I don’t know why they had him locked up in the first place. I am yet to hear the disclosure on the matter.
“However, I guess when the DPP looked at the file, in terms of sending the matter forward or not, she came to the conclusion that there was not sufficient evidence to prosecute and to go further, and asked that he be released unconditionally, which is part of the process,” Hamilton said.
He explained that it is the Director of Public Prosecutions prerogative to have a matter halted at the Preliminary Inquiry if she finds that the charge preferred against an individual lacks evidence for prosecution.
“I am not here to cast any aspersions on the DPP or her Office, what I am saying to you is that somewhere within the hierarchy of the police force there is a policy of locking up, over locking up and over charging. And I think that that is the way of saying we have solved the crime, problem solved, murder solved.
“But we don’t solve crime by just locking up people…we must be able to see these things through to trials and conviction. And I think that passing the buck on from one department to say that the prosecution is the problem and not the detection of crime, is not fair to those institutions that have to work in trying to prosecute after people have made mistakes,” he added.
Police Press Release in February
In a police press release in February 2012, Police Press and Public Information Officer Sergeant Stephen Hector said that Head of the Criminal Investigations Department Inspector Charles Smithen reported that continued investigations in Stanley’s death resulted in formal charges laid against Bradshaw.
“Inspector Smithen is thankful for the support of the general public and has confirmed that the investigation into this horrendous act is still active and, in addition, one other male is currently in custody assisting with investigations,” Hector said.
He noted that the Commissioner of Police, Celvin ‘CG’ Walwyn, had complimented all officers of the agency for their dedicated response and hard work displayed in the efforts thus far in taking back the streets of the twin-island Federation.
Bradshaw was the third person charged with Stanley’s murder. The others are 40-year-old Joseph ‘Galvanise’ Hazel of Bird Rock and Keston Martin of Parson’s Ground.
The two men were charged on the afternoon of Thursday, February 2, 2012. Both of them, according to informed sources, were also charged with the attempted murder of Stanley’s child mother Maria Gumbs and their teenage son.
Stanley was shot to death shortly before midnight on Thursday (Jan. 26) while driving his vehicle along the Anchorage Road in Frigate Bay.
Information reaching this publication stated that after closing his Bar & Grill which is situated at The Strip in Frigate Bay, Stanley, his child’s mother and their teenage son were in his car travelling along Anchorage Road on their way to his Old Road home when the incident occurred.
This media house learned that midway along that road, a vehicle that was in front of Stanley’s slowed down, blocked his path and while he was blowing his horn an unidentified individual emerged from the bushes on the right and opened fire on the occupants.
Stanley was shot in the chest and he died on the spot.
His child’s mother, who was seated on the passenger’s side of the car, was also shot and shortly thereafter rushed to the JNF General Hospital where she underwent emergency surgery.
One of the bullets grazed his son on his right thigh and he managed to open the door and ran to a friend who resides at the St. Christopher Club.
The teenager was taken to the hospital shortly before 2:00 a.m., where he was treated for his wound and discharged.
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