… as prosecution, defence close case
After three months of gruelling testimonies from witnesses presented by both the prosecution and the defence, the Bartica massacre case will be summed up by the presiding Judge later this week. This means that a verdict looms for the three accused in the High Court case, which started in November 2016 after several
pre-trial delays. The State contended that Mark Royden Williams, called “Smallie”; Dennis “Anaconda” Williams; and Roger Simon, known as “Goat Man”; were part of the Rondel “Fineman” Rawlins gang that killed 12 persons at Bartica, Region Seven (Cuyuni-Mazaruni) on February 17, 2008.
At the Demerara High Court on Tuesday, the 12-member jury heard closing arguments by Defence Attorney Peter Hugh who is representing Roger Simon and lead Prosecutor Diana Kaulesar. Both sides made passionate appeals to the jury but it is the group of 12 which will decide on innocence or guilt.
In his closing argument to the jury, Attorney Hugh reminded the jury of his client’s contention that he was at a mining camp at Pataro, Essequibo at the time the attack took place.
“You can’t be in two places at the same time,” Hugh told the jury.
He further recalled that several witnesses, including self-confessed gang members called by the State, had also said that his client was not seen in Bartica at the time the deadly attack was executed. This was the account of gang members Clebert Reece and Dwane Williams, called by the prosecution and that of Michael Caesar, called by the defence. Hugh further explained that he does not believe that Police Constable Chester Benjamin was an honest witness. Benjamin testified that he saw Simon some 20-30 feet away from a window, just moments after he was shot about the body at the Bartica Police Station.
Prosecutor Diana Kaulesar who led the State’s case addressed the court immediately after the defence concluded its arguments. She outlined to the jury, the prosecution’s justifications for contending that the three co-defendants are guilty. Kaulesar explained that there is enough evidence to show that the men standing trial are liable by their conduct as being part of the crime.
The prosecutor noted the “convenient” testimonies of witnesses called by the defence, who never disclosed their alibies to Police in nine years, whether through statements to Police or during preliminary proceedings at the Magistrate’s Court. Chief among the testimonies that the Prosecutor called upon the jury to disregard, was that of Sheldon Williams who claimed that his cousin, co-accused Mark Williams was with him during the Bartica attack.
Sheldon had hyperventilated and seemed to cry several times on the stand recalling that two of the murdered Policemen were his “squaddies”. However, Kaulesar termed his display of emotion as “an award winning performance” in the witness box, especially since Sheldon could not recall the regulation numbers of his “squaddies”. She also discredited the account of Dennis Williams’ father, Grantley Williams, who while claiming that his son was with him during the attack, had several timeline difficulties.
Kaulesar also challenged the testimony of mining camp owner, Bryan Chase, who could not account for Roger Simon’s whereabouts on the night of February 17, 2008. Chase had only accounted for Simon on February 18 when the message of the massacre was sent. In keeping with the three defence attorneys who preceded her, Kaulesar thanked the jury for their attentiveness throughout the trial and urged them to “do their civic duty” and be fair when considering all of the evidence.
Presiding judge, Justice Roxane George, SC will sum up the entire case on Thursday morning before the jury can deliberate. Meanwhile, co-accused Dennis Williams has again refused to attend his trial but co-defendants, Mark Williams and Roger Simon were present at Tuesday’s proceedings.
Apart from the three men standing trial, Clebert Reece and Michael Caesar who were both accused for the Bartica crime, pled guilty to manslaughter late last year and were sentenced to 420 and 1080 years respectively. Caesar’s sentence carried more years as he admitted involvement in the January 2008 massacre at Lusignan.