BASSETERRE, St. Kitts – AFTER taking up residence at Her Majesty’s Prison for the better part of two years, murder accused Fitzroy Challenger and Jamal Bradshaw left the courtroom earlier today freed and acquitted of the charge brought against them.
The two were charged with the September 9, 2006 murder of 16-year-old Josh Smithen and the case took a number of twists and turns resulting in the exoneration of the young men.
On Monday last, (Jan. 19), the men were taken before the High Court of Justice for the first day of trial and, as the case progressed, some 14 prosecution witnesses were called recounting events of that faithful night (Sept 8, 2006) which left Smithen dead.
After the prosecution, led by the Director of Public Prosecution Paulina Hendrickson, closed its case, Challenger’s lawyer, Hesketh Benjamin made a submission to the court in the absence of the jury.
His submitted that the evidence produced by the prosecution was conflicting and there was no evidence to support the charge brought against his client. His Lordship Justice Francis Belle ruled that the submission was applicable to both accused. When the jury returned to the courtroom, its members were informed that “based on the tenuous nature of the evidence, it would not be proper for the jury to convict on murder”. They were also informed that the case would continue on a charge of “manslaughter”.
The jury acquiesced to His Lordship’s order and found the men “not guilty” of murder.
Today, Bradshaw’s defence counsel, Dr. Henry Browne, along with Benjamin, filed submissions with the court that the case should be dismissed on the grounds that procedurally, the prosecution erred.
According to Dr. Browne’s submission, should any consideration be given to a charge of manslaughter which is subsumed within the murder charge, it should have been done at the beginning of the trial [a request by the DPP for the indictment to be amended], or at the end of the trial [by the trial judge in giving summation and direction to the jury].
Dr. Browne also argued that when the jury found the men “not guilty” of murder as it has been ordered, the indictment brought against them was spent and no longer had effect. Therefore, it could not be then amended.
In response, the DPP said that in relation to the murder indictment, there is the implied alternative count of manslaughter which makes it unnecessary for a manslaughter count to be placed on the indictment.
Justice Belle’s agreed with the defence and told the accused that the court would go no further with the matter but would acquit them, thus removing the case from the hands of the jury.
Before leaving the courtroom however, His Lordship issued words of counsel and told them to use the opportunity to consider all that transpired and turn their lives around.
Unlike their arrival at the High Court, Challenger and Bradshaw left unshackled and were met outside the courtroom by elated and teary-eyed family members and friends.
SKNVibes spoke with the freed men and they both expressed that they are happy with the outcome of the case and would take the judge’s advice to heart.
The two young men and a group of their relatives and friends walked through the Independence Square to their next destination basking in the freedom they now enjoy.
