Three men freed of murder after eleven years

Arising from the acquittal last week of three men whose murder case had been before the court for 11 years, King’s Counsel Peter Champagnie is calling for a reliable system to be put in place in instances where police officers need to take statements from critically ill witnesses and complainants.

“It is in the interest of justice that a witness be present to corroborate the statement being taken by the police in such cases, especially if the person giving the statement is gravely ill,” the attorney told The Sunday Gleaner.

Accused Alphanso Sergeant, Shaunte Finnikin and John Finnikin were freed by Justice Leighton Pusey after Champagnie and attorney-at-law Samoi Campbell, who represented the men, challenged the authenticity of the statement that was presented, as well as the truthfulness of the police officer who recorded the account of the complainant who died five days after it was given.

The lawyers also challenged, during cross-examination, the identification of their clients.

Justice Pusey, in handing down his verdict at the end of the trial in the Home Circuit Court, said there was no certainty, based on a number of issues with the statement.

The prosecution had relied on the account of bus conductor Dalton Dennis, who was shot and injured in Golden Spring, St Andrew in 2011. The statement was given on his hospital bed seven days after he was shot.

It named four men, including the three accused, as his attackers. Dennis died days later. Champagnie said there was no independent witness to verify that when the statement was given, Dennis was in a position to do so.

“Dennis was shot in the shoulder and other areas of his body and had difficulty breathing,” Champagnie said.

Dennis had said in the statement that the area where the incident took place was well lit. However, the defence called a businessman who lived in the area for decades and he testified that the lighting there was poor.

Champagnie pointed out that it came out under cross-examination from one of the policemen who had seen Dennis in hospital that he had a tube in his mouth.

“It is from those circumstances that doubt was fuelled, leaving the trial judge to conclude that the witness was not in a position to give a statement, as the Crown alleged,” Champagnie said.

MAINTAIN INNOCENCE

The outcome of the case has prompted the attorney to make a special appeal for a policy to be put in place as to the taking of such statements, which could assist the prosecution in making a determination on whether to move forward with such cases.

“It is best practice that the police who take statements from witnesses or complainants who are hospitalised or in serious medical conditions, that in those circumstances there should be an attesting witness such as the nurse on duty or another police officer to support or corroborate the fact that the statement was taken and the person was in a condition to give the statement,” he told The Sunday Gleaner.

A number of factors had contributed to the case being delayed for over a decade, including the COVID-19 pandemic, police witnesses resigning from the force and migrating, a change of lawyers, and, on one occasion, one of the accused men was diagnosed as unfit to plead.

Champagnie said the men, who are all from Golden Spring, had consistently maintained their innocence and are now happy to be freed of the charge and be able to move on with their lives.

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