BASSETERRE, St. Kitts – FOLLOWING the publication of “Judge orders $165 000 to man for wrongful incarceration”, a case in which Everette Davis was represented by Attorney-at-Law Glenford Hamilton against the Attorney-General, a number of individuals had called in to this media house citing that the matter is one of “conflict of interest”.
When asked why it was a conflict of interest, they all stated that the Attorney-General, the Hon. Jason Hamilton, is the son of Glenford Hamilton and that the junior Hamilton, prior to being appointed AG, had represented Davis at the Preliminary Inquiry into the murder of 17-year-old Jakeel Alford.
When contacted for a comment on the matter, the Attorney-at-Law emphatically stated that he did not see a problem with that “one way or the next”.
“It matters not to me what the overall situation is. I stand on the principle, both legal and moral, and so that is the position we took when we went to Court. We stood on the soundness of our legal position and our moral principle, and we are not going to renege from that.”
Davis, Kelvon Dickenson and Yul Abdula Chacon, all of St. Paul’s Village, were charged with the murder of Jakeel Alford, whose burnt and dismembered remains were discovered within a 180-foot well in the White Gate area on Thursday, June 14, 2012.
Consequently, the three men were arrested on Thursday, June 20, 2012, charged two days later and remanded to Her Majesty’s Prison, where they were incarcerated for almost eight months.
However, on Monday, February 4, 2013, the three accused appeared at the Sandy Point Magistrate’s Court for the Preliminary Inquiry (PI) and were told that the charges against them were withdrawn.
The 37-year-old said he was represented by the current Attorney-General, the Hon. Jason Hamilton, while one of the other accused was represented by Hesketh Benjamin, who both argued their cases and proved their innocence.
Following his release, SKNVibes contacted Davis on Sunday, February 10, 2013 and was told that he would be seeking legal action.
Davis told this media house that prior to being freed at the PI, they had on four occasions appeared in Court for the hearing but it was deferred on each occasion due to the absence of counsels for the defence and “at one time because the police files were not ready”.
Davis also said that he was represented by Jason Hamilton, while one of the other accused was represented by Hesketh Benjamin, who both argued their cases and proved their innocence.
At the time of the interview, Davis said: “When the police arrested and charged me with the young man’s murder, I told them that I knew nothing of it. I informed them that on the day they claimed he went missing I was in Court in Basseterre for child maintenance and arrived home late the afternoon. They asked me all sorts of questions, some of which pertained to the dead man, and I truthfully answered them and let them know that I was innocent of the charge they have against me. I also told them that all the days of my life I have never been in the area where they said his body was found.”
Davis further explained that he is the father of two boys, one 12, who resides with his mother in Monkey Hill, and the other is two-years-old and lives with him in St. Paul’s Village.
“My elder son is the one that I had to appear in the Basseterre Court for, and it seems like if I would have to be in Court again because I am out of a job. When the police arrested me in June last year, I was working as a labourer and apprentice welder cutting up scrap metal at the sugar factory for export with some Spanish-speaking nationals.
“The police had caused me to lose my job and have taken away seven months and two weeks out of my life by charging me for a crime I did not commit. Now, today, I am out of prison and also out of a job. I cannot understand the justice system. I have never been in any trouble with the law before. The police have mashed up my life. They have this strategy of arresting and charge people then conduct their investigations, only to find out in the end that the people are innocent. Maybe they have employed this strategy to let the public believe that they are efficient in the execution of their duty.”
The unemployed father stated that, in addition to finding money for the near eight-month due maintenance of his elder son, he had to find EC$8 000 to repay one of his relatives who gave it to him as a loan for Hamilton to represent him in Court.
“All of this is unnecessary if the police had done a proper investigation. I am a poor man struggling to make an honest living in these hard times. I was therefore advised to take legal action in an attempt to repay the money that I owe and also to let the world know that what the police did was wrong. If no one has ever done it before, I will be the one to bell the cat and make them stop arresting and charge innocent people and destroying their lives.”
At the time of the interview, a tearful Davis had told this publication that since his release from prison he did not see his elder son, and the younger one who was left in the care of his brother did not recognise him.
“It is not easy to return to your home where you left a young child and, on returning, he runs away from you crying because he does not recognise you. This is all the doings of the police.”
