Benjamin’s murder trial continues...
11 witnesses took the stand

By Terresa McCall
Reporter-SKNVibes.com

William ‘Willy-Esco’ Benjamin and Shervin ‘Squeaky’ George arriving at the court

BASSETERRE, St. Kitts - WITH matters of representation resolved, the case in which William ‘Willy-Esco’ Benjamin is accused of murdering his sister in law, Michelle Weekes-Benjamin, and Shervin ‘Squeaky’ George accused of being an “accessory to murder” began yesterday at the Basseterre High Court and saw 11 prosecution witnesses giving evidence.

While both accused are presumed innocent unless guilt can be established, the prosecution is hoping to prove that Benjamin murdered his sister-in-law at her Carifesta Village, St. Peters home and, with the help of George, stashed her body in the septic tank of a building at Rosemary Lane which was at the time under construction.

Barbadian Forensic Pathologist, Dr. Stephen Jones, in giving his evidence told the court that he performed a post mortem on Weeks-Benjamin’s remains on November 3, 2006 and explained his findings.

He said the body was wrapped in a multi-coloured sheet which was tied at the back of the body behind the shoulders and the legs. The body, he explained, was clothed in a T-shirt and grey underwear with the hands bound at the wrists behind her back. 

He further explained that duct tape was placed over her mouth and plastic was wrapped around her face. Her eyes, he said, were bulging, tongue protruding, lips swollen and the body was “bloated” and showed signs of “moderately advanced decomposition”.

Based on these and other findings, the Doctor declared that death was as a result of “asphyxia secondary to smothering”; and while he suggested that the covering over her airways may have caused her death, when under cross examination, the Doctor said he could not tell if the items were placed over her mouth and nose before or after her death.

Arnold Paul, a building contractor by profession, told the court that from May or June 2006 he was working on a building at Rosemary Lane, and on October 31, 2006 when he went to open the building he took note of what he described as “a funny smell”.

He further described the smell as resembling that which emanates from a “dead rat” but noted that he paid no attention to it. Paul said the stench was still there on the following day and he paid no attention to it, but having been spoken to by one of the individuals working on the house, he went to the area of the man-holes and removed the plywood which covered them.

“I saw something inside the hole; a red and white sheet. Water was in the hole as well. The sheet was wrapped around something. It was floating on the water. I called and spoke to the owner and he came with a police officer. He brought a flashlight with him…I took the flashlight from him and spotted it in the hole. It did not help me to see what was there. The officer said something and left.”

Paul said the officer returned to the scene with others about 15-20 minutes later with flashlights and again made an effort to see what was in the septic tank, but they could not. He also stated that the police “barricaded the road” and asked for assistance.

To the request, Paul said, he got one of the workers to use “a small jackhammer” to widen the manhole which measured 256 square inches. He explained that the effort failed in widening the manhole and assistance was sought from the Public Works Department. Paul told the court that with the use of a bigger jackhammer, the manhole was widened between 30-36 inches by workers from the Public Works Department.~~Adz:Right~~

With the use of a rope, Paul explained, two civilians successfully removed the object out of the manhole.

Under cross examination, Paul told the court that the object he saw removed from the widened manhole could not have entered through the previous space of that hole.

Also, Dr. Jones had indicated that according to his examination, the legs of the deceased were “relatively well preserved” when the body was before him; however, Paul told the court that from what he saw, the legs were deteriorating and “flesh was falling off them”.

Long-time friend of the deceased Diana Prentice said when she was made aware that Weekes-Benjamin was missing, she made numerous attempts to ascertain her whereabouts before she found out that she was murdered.

Prentice explained that she last saw Weeks-Benjamin on October 29, 2006 at a church service held in Cayon.

“I was at the Cayon Community Centre attending a service and she came there to meet me. I was a part of the choir. Service began after 5:00 [p.m.]…It was finished around 8:00…She left about 8:15…When Michelle came, she sat behind me and I spoke to her after the service. I had my choir robe and I gave it to her on that night…I didn’t see her alive again.”

Prentice testified that on October 30, 2006 she received an “unusual call” to which she responded by going to look for Weeks-Benjamin. She said she tried calling her on her cellular telephone and also at the National Bank where she worked, but efforts were futile. The witness said she went to the Benjamins’ home where she saw Michelle’s vehicle parked in the vicinity.

Prentice said she went into the yard and realised the windows to the deceased’s bedroom were closed, barring one which was slightly open. This, she said, was unusual because Weekes-Benjamin was one who kept her windows open.

The witness explained that after pounding on the louvers and calling out for Weekes-Benjamin, she moved to another section of the yard where she called out to the deceased’s husband, Leroy Benjamin Jr., but at first there was no answer. Further attempts yielded success and they exchanged words.

She added that police eventually arrived on the scene and investigations were carried out. Prentice said she carried out her own investigations by attending functions and visiting areas she knew Weekes-Benjamin was to have attended or visited, making further phone calls and by asking persons in specific areas if they knew of her whereabouts.

Prentice said that on Wednesday, November 1, 2006 she went to the airport in search of Weeks-Benjamin as she knew she was to have travelled that day. But while there she received a call and had reason to journey to Rosemary Lane.

“I saw a lot of people standing around. I learnt that a body was found. The last I saw her alive was on Sunday evening.” ~~Adz:Left~~

The witness said she observed that Weeks-Benjamin and Leroy Benjamin Jr. got along well at the beginning of their marriage, but it began to deteriorate after the wife had returned from her university studies.

The mother of the deceased, Rita Weekes, also gave evidence in court. She said on Monday, October 30, 2006, she did not report for work as she has received calls from her daughter’s place of work and persons there indicated to her that she had not reported for work.

Weekes said she too made phone calls and paid a visit to Weekes-Benjamin’s home where she spoke with her husband, Benjamin Jr. From Wednesday of that week, Weekes explained, she remained indoors and bedridden until Saturday when she attended her daughter’s funeral.

Weekes-Benjamin’s brother Chelston Richardson and a young lady to whom she was “a second mother”, Tanya Belle, told the court that they were called to identify her body at the Joseph N. France General Hospital’s Mortuary.

Evidence was also heard from Collin Browne; Paul Francis; Randy Warner; Desmond Warner, owner of the building in which Weekes-Benjamin’s body was found; and Dr Mervin Laws.

According to Dr. Laws’ testimony, he performed an examination on the murder accused, William Benjamin, on November 2, 2006 and noted that he had abrasions on his hands and chest. These abrasions, the Doctor said under cross examination, were possibly caused by a fall from a bicycle.

The day ended before the 12th witness, Superintendent of Prisons Franklyn Dorset, could have given evidence, as defence counsel for William Benjamin, Reginald W. James, made an objection on the grounds that Dorset’s name did not appear on the indictment and therefore should not be allowed to testify. 

Benjamin, who is being represented by Reginald W. James, is accused of murdering Weeks-Benjamin between October 29 and 30, 2006, and George, who is represented by Hesketh Benjamin, is accused of assisting in disposing of the body and a mattress with the intention of impeding the apprehension and prosecution of his co-accused.

Trial judge, Justice Francis Belle informed that he would make a decision on that matter today (Oct. 22) when the case continues.