BASSETERRE, St. Kitts – SHORTLY after the prosecution closed its case against Fitzroy Challenger and Jamal Bradshaw, the court instructed the jury to return a “not guilty” verdict on the murder charge originally brought against them and ordered it be replaced with manslaughter.
After 14 witnesses were called to give evidence on behalf of the prosecution, which is led by the Director of Public Prosecution, Paulina Hendrickson, it closed its case yesterday (Jan. 22), allowing the defence to present its case.
Challenger and Bradshaw, according to the prosecution, committed the September 9, 2006 murder of 16-year-old Josh Smithen who resided at Old Road. Smithen was stabbed in the head the night before while at the opening ceremony of St. Pauls Festival De Capisterre.
Before the defence put forward its case, Challenger’s lawyer, Hesketh Benjamin told His Lordship Justice Francis Belle that he had submissions to make in the absence of the jury. The request was granted.
Upon the jury’s return, its members were informed by His Lordship that “based on the tenuous nature of the evidence, it would not be proper for the jury to convict on murder”. Based on submissions made by the defence council, he instructed the jurors to return a “not guilty” verdict. He further instructed that the murder charge for both accused be replaced with manslaughter.
Again, before the case progressed, Bradshaw’s defence counsel, Dr. Henry Browne requested audience with the judge and counsel “in chambers”; a request which was granted. When all parties emerged, Justice Belle adjourned court until Monday morning at 9:00.
Earlier in the day’s proceedings however, two prosecution witnesses, Kenya Dickenson and Corley Francis, gave evidence in the case. Both testified that Bradshaw started the commotion by throwing a bottle.
According to Dickenson, on the night of the incident, he was at the back of the St. Pauls Primary School [by the computer lab] with the deceased and friends when Challenger, Bradshaw and Gregory Anthony Zakers approached them. He said Bradshaw threw a bottle into the crowd and ran.
He also said that the crowd dispersed and he went after Zakers but did not catch up with him. Having returned to the schoolyard, Dickenson said he saw an unresponsive and bloody Josh Smithen on the ground.
Francis’ version of the incident however, differed somewhat from Dickenson’s. He said when the group was at the computer lab, only Challenger and Bradshaw approached. He also said that Bradshaw threw a bottle and Challenger “pulled something from his waist” which caused him [Francis] to run. He further said that he left the back of the school and when he got to the pasture he saw the deceased on the ground.
Francis told the court that he took a head-tie from his pocket, tied it around the injured boy’s head, lifted him and placed him in a vehicle.
Under cross-examination by Dr. Browne, Francis admitted to lying when he gave evidence at the preliminary inquiry for the case. Francis said he told the court that Bradshaw threw a bottle which caught the deceased in his mouth. He however admitted that he was then speaking about what he was told rather than what he saw.
When court resumes on Monday, the accused are expected to inform whether they opt to take the stand or not and if they will be calling witnesses.
