BASSETERRE, St. Kitts – THE second day of the murder trial of Calvester Herbert and Patrick Weekes brought with it much evidence for the jury’s consideration.
The men are charged with committing the September 4, 2003 murder of Gerard Saddler, attempted murder of Glen Liburd and one count of having a firearm in their possession with intent to endanger life. The incident took place at Orchid Lane, Greenlands.
Yesterday (June 3) at the Basseterre High Court of Justice, located at the Sir Lee Llewellyn Moore Judicial and Legal Services Complex, 10 prosecution witnesses were called, bringing the total thus far to 15.
Sergeant Leonard Browne of the Criminal Investigations Department (CID) testified that one day after the incident occurred, he was present in the CID office with investigating officer Sergeant James Sutton on each occasion when he questioned both Herbert and Weekes.
The officer explained that Sgt. Sutton informed Herbert that he was making inquiries into a report in which it was alleged that he committed the Saddler’s murder and the attempted murder of Liburd at Greenlands on September 4, 2003.
“Sgt. Sutton cautioned the accused and he replied, ‘Me nuh kill noboby but I could tell you what happened’,” Browne testified. He further explained that Herbert was cautioned and he gave a statement at the end of which he affixed his signature.
Later that day, according to Browne’s testimony, Sgt. Sutton questioned Weekes and after he was cautioned, said, “Not me! I was not in Westbourne Ghaut last night. I don’t know anything at all ‘bout this. Tell me who can say they see me in Westbourne Ghaut last night?
“Sgt. Sutton asked if he was with Cally [Herbert] last night [Sept. 4] and the number two accused said, ‘De last time I see Joy-Su [Herbert] was 10 o’clock yesterday morning’.”
The officer told the court that he was also present in the CID office with Weekes when he was being questioned by Sgt Sutton. He said when Sutton reminded him of his caution, Weekes again denied being in the Westbourne Ghaut area on the night of the shooting. He further explained that Weekes fell silent after the statement Herbert had given to the police was read to him.
Sgt. Charles Smithen, who was then custodian of the Police Force’s Exhibit Room at the Basseterre Police Station, presented his evidence and explained that between September 7, 2003 and December 11, 2003 he was given exhibits relative to Herbert and Weekes which he secured in the Exhibit Room.
Smithen said he swabbed the interior of Herbert’s vehicle (PA1119) on September 7, 2003, and those samples, along with the keys to the vehicle, he secured in the Exhibit Room. He further explained that he collected blood samples and a bullet which were removed from Saddler’s body during the post mortem on September 8, 2003.
On November 18, 2003, Smithen said that he received clothing and swabs of both accused. He further explained that all exhibits received, up until that point, were secured within the Exhibit Room to which only he had access.
Having secured the room at about 6:00 on the evening of November 21, 2003, Smithen said that he returned at about 2:20 p.m. the following day to find the room “ransacked and numerous items of exhibit were torn open, including those with the name Patrick Weekes and Calvester Herbert”.
Smithen told the court that his instructions from the then Deputy Commissioner of Police, Robert Jeffers, were to reseal all the torn-open exhibits for Weekes and Herbert, label them and submit them to the lab. He said he received further exhibits - three spent cartridges - from Sgt Sutton on December 11, 2003 and two days later he travelled to Jamaica with all exhibits and submitted them to their respective drop off points. He said they were returned to him a few days later with the findings attached.
He also told the court that he ceased being the custodian for the Exhibit Room on December 30, 2003 when he was instructed to hand over the room, its contents and keys to Sergeant Leonard Browne who had replaced him as custodian.
Firearm ballistics expert attached to the Jamaican Constabulary, Fred Hibbert, who was also a witness in the case, testified that he received one bullet and three casings from Smithen. He noted that after testing, he determined that the bullet was fired from a 9mm Smith and Wesson semi-automatic pistol and the casings came from a .32 caliber Berretta.
Forensic Pathologist Dr. Stephen Jones performed the post mortem on Saddler’s remains. He told the court yesterday that Saddler suffered two gunshot injuries, one to the head and the other to the left knee. Dr. Jones said he determined that Saddler died as a result of gunshot injury to the head.
Other witnesses who gave evidence yesterday are Bernard Huggins, Mark Handley, Wycliffe John and Eldrin Dickenson.
During the course of the case, extensive reference has been made to the involvement of Herbert’s blue pathfinder jeep PA1119, but no one has been able to directly link either Herbert or Weekes to the scene of the crime. The virtual complainant explained to the court that the vehicle from which the shots were fired is Herbert’s but he said he did not see who was in the vehicle when the shooting occurred.
The case continues today.
