Without accomplices — no convictions

THE criminal justice system was dealt a severe blow last Tuesday when the evidence of an accomplice witness, with an immunity, was thrown out resulting in the acquittal of three murder accused.

In his wisdom, Justice Herbert Volney rejected the testimony of accomplice witness Kerry Joseph. Nigel Matthews, Martin Layne, and Grafton Surzano were charged with the murder of Mervyn Wright outside the Ultra Care Pharmacy, Diego Martin Main Road, Diego Martin, on June 3, 2000. Justice Volney’s decision has been a talking point within the judiciary since then. The legal profession has been divided on the judge’s decision, and with the State ‘throwing in the towel’, there will be no appeal to the judge’s order.

With crime and murder on the increase, it has become the norm over the years to use accomplices as state witnesses against their partners in crime. These accomplices who participated in the commission of the offences, have ‘worked deals’ with the Director of Public Prosecutions (DPP) and the police. They offered to give “truthful evidence” against their partners in return for an immunity against prosecution. These accomplices have all grasped the opportunity to save their necks. In every case, the defence attorneys were highly critical of these witnesses and the method used to secure convictions. Accomplice witnesses have been used in many cases, including high profile murder trials. Accomplice evidence is nothing new.

An accomplice was used in the trial in 1971 of Abdul Malik and Stanley Abbott for the murder of Belmont barber Joseph Skerritt and English socialite Gale Ann Benson. Hadn’t it been for the witness Parmessar, neither Malik nor Abbott would have been executed. That trial signalled the intention of the prosecution to use accomplices to convict their partners. Accomplices were used against Dole Chadee and his gang. After four members of the Baboolal family were killed at Williamsville on January 10, 1994, the police worked feverishly to get to the bottom of the brutal murders.

Clint Huggins, a Special Reserve Policeman by day and a criminal by night was targeted. After four months, Huggins finally broke and offered to give evidence against “the boss” and the rest of the gang. Huggins was one of the members of the Chadee gang which went to Williamsville to “kill everybody”. He was the one who broke down the door for the others to gain entry. He was immediately taken into a safe house while the police rounded up Chadee and his gang. Huggins gave evidence at the preliminary inquiry at the Princes Town Magistrates’ Court. While in the safe house, Huggins foolishly ran away during the Carnival weekend in 1996 and met a gruesome death. His body, partially burnt, was found hanging out a car on the Uriah Butler Highway, Mount Hope, on February 20, 1996.

What was the position of the prosecution? The trial was set for June 10 and the accomplice witness was dead. The State was able to get another gang member to turn against “the boss”. Levi Morris accepted a deal from the State. He pleaded guilty to the four charges of murder and was sentenced to death by Justice Lionel Jones at the Chaguaramas High Court. His death sentences were then commuted by President Noor Hassanali on the ground that he gave truthful evidence against the accused. Morris duly obliged and Chadee and eight members were convicted and eventually hanged. The use of accomplice witnesses was tested as far as the Privy Council. So sound was the conviction that Chadee’s appeal was thrown out at the leave stage before the Law Lords.

The State also used accomplice witness Siewpersad “Natty” Dass to get convictions against Naresh Boodram and Joey Ramiah who were charged with the murders of Anthony “Tooks” Greenidge and Stephen ‘Bulls” Sandy, whose mutilated bodies were dug up from a shallow grave in a Caroni rice field on June 15, 1992. In this case, Justice Sat Sharma (as he then was), commented that persons from the underworld must be used to secure convictions of their colleagues. He said once the accomplice was put under the greatest scrutiny and attack, the jury was free to accept the evidence. He said it would be foolish to entertain the idea that there would be civilian witnesses. Justice Sharma said these witnesses are a different breed who come from the underworld. How right he was!

Then there was the killing of Chadee’s brother Thackoor Boodram. Ten men were on trial and again, the State used the testimony of an accomplice witness to secure the convictions. Former UNC Government Minister Dhanraj Singh went on trial for killing the chairman of the Mayaro/Rio Claro Regional Corporation Hansraj Sumairsingh. Who else was used as the witness but an accomplice, Elliot Hypolite. He was granted an immunity on the condition that he gave evidence against Singh.  Singh was acquitted and he is now on his own. There are now other matters before the courts where accomplice witnesses are testifying. Joel “Footy” Phillips testified at the preliminary inquiry against Sheldon “Skelly” Lovell, Sean “Gumbo” Vincent and Brent Danglade who are charged with the murder of Dennis Jodhan. They were committed last week to stand trial at the Port-of-Spain High Court.  Accomplice witnesses are not only confined to Trinidad. They are used throughout the world to secure convictions. They are more important when it comes to the criminal underworld. Despite Justice Volney’s decision, accomplice witnesses are here to stay.