BASSETERRE, St. Kitts - FOLLOWING a failed attempt at representing himself and advice that he should seek the assistance of an attorney, former Defence Force Private Louis Richards once again had his appeal adjourned.
Richards appeared before the Eastern Caribbean Court of Appeal yesterday (Mar. 12) to have his matter heard, but said that he was unsuccessful in gaining legal representation for his appeal against conviction and requested the matter be traversed to the next sitting.
This was granted by the Justices of Appeal headed by President Baptiste.
The former soldier had appeared before the Appeal Court in November last year and, after attempting to represent himself and failing miserably, Acting Director of Public Prosecution Rhonda Nisbett-Browne had risen to request the adjournment of the appeal to allow him time to seek an attorney to do such.
His grounds for appeal at that time were:
1. The trial judge erred in the direction of the jury;
2. The verdict arrived at by the jury was perverse; and
3. His sentence was excessive.
He is appealing his conviction of the manslaughter of Clyde Williams which occurred on August 3, 2007.
Richards was charged with one count of murder and two counts of wounding with intent. He was however exonerated of the murder charge but found guilty of manslaughter and sentenced to serve 12 years at Her Majesty’s Prison.
On October 21, 2009, a 12-member jury had convicted him of wounding Addren ‘Ado’ Searles and Jevon Woodley with intent to cause them grievous bodily harm and he was sentenced to a further 12-year prison term on December 1, 2009.
According to evidence presented by the prosecution at the trial, sometime after 8:00 p.m. on August 3, 2007 while Richards was seated on a bench in proximity to 2Pac Bar in Old Road, shots rang out and he, along with a number of people there, sought cover.
Richards was shot in the buttock and the prosecution told the Court that after emerging from the place where he sought refuge, he was seen waving a firearm in different directions before pointing it at Searles and shooting him.
The Crown’s case also stated that Williams, who was near to Searles, was shot and killed by the same bullet that struck him (Searles).
A number of witnesses for the prosecution told the Court that Woodley was shot by Richards while on the eastern side of Old Road, and that the former soldier pursued him while he was running in the direction of the Old Road Police Station.
However, in his defence, Richards refuted what the witnesses had said and gave his version of what transpired on that fateful night.
Richards explained that he had left his Wingfield Road home bound for work but stopped at 2Pac’s Bar as a form of protection. He further explained that threats had been made against him and his decision to stop at the bar was an endeavour to gain some protection as many persons hang out in the area.
He said it was in the evening when he got there and he was seated at a table located at the left of the bar, next to the drain of the Island’s Main Road; a table which he alone occupied.
The soldier further explained that he had heard the report of gunshots which came from the alley next to Ms. Watson’s shop.
“While sitting there, I head a sound went off. I turned in the direction and saw three guys. I was able to identify two of them…Addren Searles and Jevon Woodley. Both had guns firing in my direction.”
Richards had told the court that he took cover and when he realised the persons were still firing, he sought alternative cover. He had explained that because of what had happened to another Defence Force soldier, he drew his service pistol and “on my way from behind the partition I saw Ado coming from the same direction where shots were fired from. I took one aimed shot and fired in his direction…He ran off.”
Richards explained that he walked as far as Station Street to see if he could have gotten any assistance, and after failing in his attempt he went to his children’s grandmother’s home from where he called for assistance.
He said he received assistance from soldiers. He further explained that they (himself and the soldiers) travelled by foot to the eastern end of Old Road where “about 20 feet from the Ghaut I saw about three ladies and Jevon Woodley sitting down. Jevon Woodley then got up and he started raising his voice saying, ‘Me ain’t fread allyou. Allyou can’t do me nothing.’”
At that point, Richards said, Woodley started reaching into his pants and “seeing him before firing at me with a weapon, I fired two shots in his direction”, after which he ran off.
Richards told the Court that he, sometime after, received assistance from other members of the Strike Force. He also explained that he had told lead investigator in the case, Sergeant Herbert, and others that he saw Woodley and Searles firing at him.
When he was cross examined, Richards told the Court that he had fired the shot at Searles “to slow him down” but was not certain that the bullet caught him. When asked if he was aware that the round he fired struck and killed Clyde Williams, Richards answered in the negative, noting that he did not see Williams on the night of the incident. He also said that he was not certain if the shots he fired at Woodley had caught him.
Richards' appeal is expected to be heard at the next sitting of the Eastern Caribbean Court of Appeal in June 2013.
