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Summation in 'Chucky' trial starts today

BY TANESHA MUNDLE
Observer staff reporter
mundlet@jamaicaobserver.com

Friday, November 09, 2018

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JUSTICE Vivene Harris, who is presiding in the murder trial of Constable Collis “Chucky” Brown, will today begin her summation to the six-member jury in the Home Circuit Court.

Constable Brown, who has been in custody since January 2014, is being tried on three counts of murder in connection with the January 10, 2009 death of Robert “Gutty” Dawkins and the killing of Andrew Fearon and Dwayne Douglas on December 13, 2012. He is also being tried on charges of wounding with intent and conspiracy to murder.

Yesterday, the defence team, comprising attorneys Norman Godfrey, Vincent Wellesley and Althea Freeman, completed their closing argument to the jury.

Lead attorney Godfrey, during his final address to jurors, reiterated that the Crown has failed to prove its case against Brown.

“Not a single drop, not a bit of evidence has been put before you to allow you to come to any conclusion,” he said.

The lawyer further told the jurors that his client is “still cloaked in innocence as he had walked in on the first [day] and sat in the dock”, and that he was not asking for their sympathies or any special treatment.

He also again emphasised to the jury that the Crown had presented competing theories in respect of the different charges.

“The prosecution has placed a case before you and has asked you to disbelieve the very case that they have placed before you. That is what I see happening.”

He then pointed to the double murder, upon which the prosecution's case is based, on evidence that was gleaned from Brown's interview with the Independent Commission of Investigations (INDECOM), which indicated that the hit was an order from Brown's superior, and based on the evidence from the police informant, was done because Douglas had disrespected Brown's boss and dons.

“So, Mr foreman and your members, like you, I am wondering which version to believe. Was it a legitimate operation or a personal vendetta?” Godfrey asked.

He further pointed out that the prosecution has found itself in a predicament based on the number of discrepancies in the case.

“Everywhere yuh turn macka jook yuh,” Godfrey said.

He told the jurors, too, to reject the testimony given by the police informant as he was not credible, and that they should not believe his words over the words of Brown, who has “selflessly” served his country for 15 years as a member of the security force.

“I am sure if Judas was around, Judas would have applied to him for a job; I am pretty confident. That's the kind of person he is,” Godfrey told the jurors.

Godfrey, before closing, told the jurors that it is the Crown that must prove its case, but it has failed to present quality evidence.

Therefore, he said, “It is for you, good citizens of this land, of this parish, to send a strong message to the functionaries, INDECOM, that has brought Mr Brown here, that the process must be properly pursued.”

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