BASSETERRE, St. Kitts - THE heat began on Monday (Jun. 2) during cross-examination and continued on the following day with the wrap-up of the testimony given by the virtual complainant in an attempted murder case.
The scene resembled that of a very dramatic play as Rohan Hamilton, the first witness in the case against Deshawn Leader, did everything but curse in the witness box as he was being cross examined by defence attorney Chesley Hamilton.
The back and forth between the two caused His Lordship Justice Darshan Ramdhani on several occasions to ask Rohan to calm down.
Hand gestures, which included stomach and face holding, bended knees and raised voices which turned to sympathetic pleas were the order of Monday afternoon and Tuesday morning as Rohan gave the Court a show not often seen.
Rohan testified that Leader made an attempt to kill him on the evening of November 5, 2012.
The St. Vincent national said he officially moved to St. Kitts in 2004 and established a business as a contractor, which he left a few years later and took up employment at Kittitian Hill.
He said he became friends with Leader in 2004 and knew him to be a "bobo dread" selling sugar cane and cane juice.
Rohan also said that they would often "chat, lime and have drinks together" and that he called Leader by the name Laso and Shawny and Leader referred to him as Vincy.
On the night in question, Rohan said he left his new place of employment and journeyed to his Belmont Estate home around 6:30; but on entering the house he noticed there was no electricity.
"I used my phone light to check the meter and when I look I saw that the black wire was burst," he stated.
Rohan told the Court that he went to his next door neighbour to find out what was going on but got no answer when he called.
"As I was walking back to the house I heard somebody say: 'Hold it, lie down.' I flashed my phone light to see who was in the bushes. Next thing I heard pop pop, I hold me stomach and say: 'Oh God, ah dead,’” the witness explained.
Rohan said he saw Leader exit the bushes near his home wearing a white T-shirt over his head, a gray vest and short jean trousers. He added that the accused was "fighting with the gun as if he was trying to crank it".
"I was frightened, I started trembling and crying asking him: 'What you want? Me and you good...look what Satan have you doing. What me do you? Dis ah wa you ah do me?'," Rohan testified.
The witness testified that he kept holding his chest and trying to talk to the accused, but all he was told was to "shut up". He also told the Court that his pleas were not being considered because Leader was still trying to "crank the gun" but could not get it to work. And it was then that he said "I going inside before you kill me".
Rohan said he went into his home, sat on his breakfast table and asked God what he should do. Shortly after, he said, Leader was at his front door and he once again tried talking to him. He told the Court that the accused then asked him if he was shot and if he was going to go to the police station, and he replied in the negative.
He said Leader continued fumbling with the gun and it suddenly went off twice, after which he made another attempt to shoot him, this time raising the gun to his face.
"I shake my face, I take my left hand and grabbed the gun and pulled him inside the house. I held my fingers at the back of the trigger so that he could not pull it to shoot me," he stated.
The Vincentian also stated that the accused bit him on his left hand and both of them started to wrestle for the gun, adding that he grabbed several tools from a nearby toolbox to hit Leader in an attempt to get the gun away, but success only came after hitting him on his neck with a machete.
"I pulled another machete and wet (hit) him one in his neck. He went down and say: 'Lord Vincy no kill me, me gon let go the gun.’"
Rohan told the Court that he chased Leader out of his home and told him he would be making a report at the police station.
"I was so frightened. I took the gun and ran all the way to the station."
From there, he said, he put the gun on a desk and spoke with a female officer who then took the gun and put it away.
Rohan testified that he returned to his residence with a number of police officers, including Police Commissioner CG Walwyn, and observed as they conducted searches and did their investigations.
During cross-examination, the Court was treated to a show as the witness was obviously displeased with some of the questions put to him by Hamilton.
It was suggested that the witness borrowed $1 900 from the accused in August 2012 and told him he needed it for the renewal of his business licence, and that the reason for Leader being at his residence that evening was to make a plea to get his money.
It was also put to Rohan that he was the one who showed Leader the gun and told him that he had bought it from another worker at Kittitian Hill for $1 500.
"I am suggesting to you that Deshawn Leader said to you: 'You gone go buy gun for $1 500 and you can't give me my money’," Hamilton said.
To each suggestion, Rohan said it was untrue.
Hamilton also put to the witness that Leader demanded his money from him and it was then he attacked the accused, adding that the accused never attacked him. Rohan however maintained that Leader was the one that tried to kill him and all he did was defend himself.
Rohan went on to state that Leader was the one who cut the wire on his meter and waited in the bushes to shoot him.
"Did you see Deshaun Leader burst your wire?" the lawyer asked.
"I come home meet me wire burst and he come out ah bush to shoot me. Ah who else do it? Ah he," the witness said in a raised tone of voice.
As the cross-examination progressed, the witness maintained that he did not attack Leader, that he was not the owner of the firearm and that the only time he came into contact with the gun was when he wrestled it from the accused and ran with it to St. Paul’s Police Station.
"So you handled the gun with your bare hands?" Chesley asked.
The witness, obviously peeved, replied: "So what must I handle it with, my feet? I was frightened! The man come to my home to kill me. If me never did take the gun away from him he might've killed me dead."
"I am putting it to you that you are a liar," Chelsey told him.
"I am not no liar, I am a Seventh Day Adventist Christian! Just as it happen is just as I tell the Lord and is just as I tell the Court. I ain putting nothing in or taking anything out," Rohan replied.
On several occasions when questions were asked he was heard mumbling "Lord have mercy".
Rohan was asked a series of questions about his run-ins with the law in St. Vincent before he moved to the Federation. At first the witness told the Court he had no previous convictions or run-ins but changed his testimony on Tuesday and stated that he appeared before the Magistrate Court on several occasions but was never imprisoned.
He added that he misunderstood the questions put to him, having thought the lawyer was asking if he had ever been in prison for a criminal offence.
Rohan was also questioned about the legitimacy of his now defunct business, which he said was named Hamilton & Company. He was told that "Hamilton & Company is the name of a law firm and has nothing to do with you".
He was questioned at length about his relationship with the accused, to which he replied that he had "nothing but love for him".
The witness was also questioned several times about borrowing money from the accused.
Throwing his hands in the air, holding his head and falling just short of kneeling on the ground, the witness maintained, sympathetically, that he, on no occasion, borrowed money from Leader and that his testimony was a true reflection of what took place on the night in question.
"Your Lordship, I'm not here to tell no lie. Just what the young man did to me, is just how I'm telling it. I'm not putting in or taking out anything," he told the Court several times.
Rohan maintained he was telling the truth and stated that the Lord also knew he was being truthful.
