BASSETERRE, St. Kitts - THE third witness to testify on behalf of the prosecution in the case against five men who are charged with the murder of Gregory Anthony Zakers, said she saw one of the accused beating something or someone on the night of April 10, 2008.
Five young men: Nelson Challenger, Shenroy Francis, Jomi Rawlins, Glenroy Smithen and Moses Gardener are accused of killing Zakers sometime between April 10 and 12, 2008.
The accused are all being represented by different attorneys. Challenger is being represented by the Hon. Robelto Hector, Francis by Fitzroy Eddy, Rawlins by John Cato, Smithen by Natasha Grey and Gardener is being represented by Chesley Hamilton.
Leading the prosecution team is Director of Public Prosecutions Travers Sinanan with the assistance of O'Neil Simpson.
The witness, Ms. Francis, who was 16 years old at the time, told the Court yesterday (Mar. 11) that on the night of April 10, 2008, she was in Basseterre until sometime after 9:00p.m.
She testified that she visited her grandmother's home shortly after she got to her home town of St. Pauls. She then testified that she left her grandmother's home and journeyed to her mother's home where she lived minutes before 10:00 p.m.
She said she walked alone and while doing so "something tell me stop" when she reached the public bath.
Ms. Francis stated that she stood next to the public bath and it was then that she heard screaming in a partly fenced house at the back of the bath.
The witness testified that the noise came from inside the home of one Corlie Francis and when she looked, she saw Glenroy Smithen exit the side door, which was located on the Western side of the house, wearing a black hoodie and carrying a brown baseball bat in his right hand.
She told the Court that Smithen stood in a crouching position and swung the bat from over his right shoulder to the ground a number of times.
She said she could not recognise who or what he was beating but his actions indicated that he was indeed beating something or someone.
Ms. Francis explained that the hoodie was not covering his head and she looked at him for about two minutes, adding that she left when she saw three "fellows" walking from the ATM in her direction.
Regarding the lighting in the area, Ms. Francis said she stood under a lamppost that had a light that shone into the yard of Corlie's house.
She also indicated that the yard had trees but she could see over them.
She told the Court she had spoken to Zakers the day before he went missing and had attempted to contact him via phone a number of times that night because she wanted to see him.
During the very lengthy cross-examination process - which paused yesterday afternoon and continued this morning (Mar. 12) - it was put to Ms. Francis that it was difficult, "almost impossible" for her to see the side door of Corlie's house, into the yard and over the trees. She replied that she could.
It was also put to her that she did not see Smithen that night and that she was lying about the last time she saw and spoke with Zakers but Ms. Francis maintained she was being truthful.
She admitted that she could not recall the date she gave a statement to the police but indicated that it was after the men had been arrested. When suggested it was given on May 7, 2008, she agreed.
She said an Officer Fitzroy Morton took her statement adding that he did not give her any instructions or make her any promises.
When asked, Ms. Francis admitted that she only saw the left side of Smithen's face that night. She said she saw no eyes, nose, mouth or chin, only the left ear.
The witness was questioned at length about the festivity and atmosphere in St. Pauls that night as there was a public political meeting. When asked if she could have heard screaming over passing vehicles and the loud speakers from the meeting, she answered in the positive.
It was suggested that she could not see into Corlie's yard because the public bath was blocking her view but Ms. Francis emphasised that her view of the yard was not obstructed that night.
She indicated that she heard the screams coming from the house and did not hear any coming from the yard.
It was revealed that Ms. Francis was Zakers' girlfriend and it was put to her that she was making the story up so that someone could be held responsible for the death of her boyfriend. She said she was not.
She was asked if she had a brother who was in prison at the time of Zakers' death to which she replied yes.
She however indicated she could not recall what he was in prison for and how long.
Ms. Francis was asked if "someone told you if you testify against Glenroy Smithen they would go easy on your brother?" and she said yes.
The witness said she was told this while she was "down the road by Royden shop" but did not know the person who told her and could not state if he was a police officer or not. She however maintained that that was not the reason for her testimony.
Upon re-examination, Ms. Francis was asked why it took her near one month to give a statement to the police and her reply was that she was afraid.
She revealed that someone by the name of Jermul Jones had threatened her.
The matter continues tomorrow (Mar. 13) at the Basseterre High Court.
