Attorney Melville to know fate today

Attorney Joseph Melville and “PH” driver Hilton Winchester will know their  fate today when a nine-member jury will decide on their innocence or guilt on four indictments including attempted murder. Trial judge Justice Melville Baird is expected to start summing-up the case to the jury from about 9.15 am and could end shortly after midday. The jurors, five men and four women, will then retire to consider their verdict. The trial of both men, who are on bail, lasted almost six weeks.

In summing up, Justice Baird will review the evidence and he may express his view on any evidence. The jurors are is entitled to accept or reject the judge’s view. But when it comes to the law they have no choice. He will tell them what the law is in relation to the charges and instruct them on how to apply the law to the facts as they see them in order to arrive at their verdict. They are bound to accept the judge’s direction on the law. When Justice Baird has completed his summing up, the clerk of the court will ask the jurors whether they have arrived at a verdict on which they all agree or whether they wish to retire and consider their verdict. If the jurors wish to retire as they normally do, they will be placed in the care of the Marshal’s assistant and retire to the jury room. There they will deliberate among themselves, and not be allowed visitors or to speak to anyone, except the Marshal or his/her  assistant and only to inquire from them if they have agreed on a verdict.

If during their deliberations, any of the jurors may want to have something clarified, in these circumstances the foreman will tell the Marshal’s assistant who will inform the judge. The jurors will be brought back to the court and have the matter clarified. After which they may retire again. The jury will have three hours to arrive at a verdict, but could do so before that time. If that happens, the foreman must inform the Marshal’s assistant that they are ready, but not disclose their verdict. On some occasions the jurors may find that the time is up and they have not arrived at a unanimous verdict. The Marshal’s assistant will then inform the jurors that time is up.

The jury will then be brought back to the courtroom where the clerk will put the question to the foreman who will indicate by  answer that they have not arrived at a verdict on which they all agreed. The judge may offer them additional time if they think any useful purpose will be served. In the present case, if the jury has not reached a unanimous verdict after the three hours,  Justice Baird could accept a majority verdict. Only in capital cases such as murder and treason that unanimous (all must agree) verdicts are a must. The two men  are charged with the attempted murder of Patricia Cox, Melville’s secretary, conspiracy to murder her, kidnapping and assaulting her on June 28, 2001, at Cumberland Hill, St James. Melville is being defended by attorneys Nathaniel King and Ken Sagar, Winchester by Thomas Cunningham and the State’s case is presented by senior prosecutor Trevor Ward assisted by prosecutor George Busby.