BASSETERRE, St. Kitts - IT was a bitter-sweet day for former Police Constable Kern Cabey last Thursday (June 21) when the 12-member jury that sat on his case brought back a unanimous not guilty verdict for endangering life, but a 7-5 hung jury for enabling other people to endanger life.
Cabey, who also celebrated his birthday on Thursday, was charged with the two counts for the January 14, 2010 shooting that took place at the RLB International Airport Fire Hall (AFH).
The now 25-year-old was said to have borrowed a vehicle belonging to Constable Terry Regis and driven to AFH and fired two rounds of ammunition from his police issued glock pistol with intent to endanger life before breaking in to a holder where a rifle shotgun was stored.
The case began on June 13 with fifteen witnesses giving evidence on behalf of the prosecution which included seven fire officers, seven police officers and Ballistic Expert Derrick Sanker of Trinidad.
After the prosecution team led by Crown Counsel Rhonda Nisbett-Browne closed its case, Senior Counsels Henry Browne and Hesketh Benjamin who represented Cabey filed a no case submission which was dismissed by His Lordship Justice Errol Thomas.
When given the opportunity, Cabey declined to testify or call witnesses to give evidence on his behalf.
Following the verdicts, Cabey was taken back to Her Majesty's Prison where he awaits a retrial on the count of enabling other people to endanger life.
However, the matter has been traversed to the September 2012 Criminal Assizes.
