Boy, 15, convicted of murder

The Court of Appeal expressed concern yesterday about the failure of police to follow guidelines when dealing with children, especially in the case of 15-year-old Keston Adams who was held for murder. Their Lordships were also critical of attorney Godson Phillip who had visited Adams while in custody,  and questioned whether Phillip had done his duty as an attorney. After hearing submissions in the matter, Chief Justice Sat Sharma observed that there was a need to lay down some strong views for judges to follow and remind police of the importance of interviewing children and the dangers of not having responsible persons when taking statements from them.

The Court, which included CJ Sharma, and Justices Roger Hamel-Smith and Stanley John, will deliver their judgment on a date to be announced. The Court noted that when Adams was arrested and a statement taken from him, the police refused to allow his parents, “responsible adults,” to see their son. Instead, they allowed Adams’ 20-year-old brother Junior, who was allegedly beaten by police in connection with another matter, to visit. The court agreed with submissions from Adams’ attorney Dana Seetahal that Junior could not have protected Keston’s interest. Their Lordships’ view was that attorney Phillip, who was also allowed to visit Adams, should have protected the “child’s” interest. The Court also observed that it was not a case of Adams’ parents not being available. But that they were around and accessible, and were asking to see their son and not given an opportunity to do so. The Court also questioned whether the trial judge had taken all these issues into consideration and assuming the judge did, whether it was open to scrutiny by the Court of Appeal.

The Court also noted that assuming it ordered a retrial, the gaps cannot be filled — their Lordships having to concern themselves with due process. But indicated that the fact that the duties of the police were not necessarily carried out does not vitiate the statement. Adams was arrested for the August 12, 1998, murder of State witness Paula Edwards at Gonzales Quarry, Gonzales. He shot Edwards twice in the back as she was about to the close the gate to her house. Adams gave a statement to the police, the only evidence against him, and was convicted and sentenced to be detained at the State’ pleasure by Justice Paula Mae Weeks on February 23, 2001. At his appeal, Seetahal assisted by attorney  Nadia Astraph, argued four grounds of appeal. Representing the State was special attorney Joan Charles. Among Seetahal’s grounds was that the trial judge improperly exercised her discretion when she admitted the oral and written statements given by Adams to the police, in circumstances where the prosecution’s case itself revealed inconsistencies, sufficient to raise oppression in the taking of  the statement. And the trial judge gave no indication how she resolved these in admitting the statement.