Cop appears in court on murder charge — inquiry adjourned

FOUR days after the fatal January 25 shooting at the “Outrageous in Red” fete, PC Dave Burnett yesterday appeared before Chief Magis-trate Sherman McNicolls at the Port-of-Spain Eighth Magistrates’ Court charged with the murder of Kevin Cato and wounding Ryan Solomon with the intent to do grievous bodily harm. Cato, 18, of Chin Chin Road, Cunupia was shot dead, and Solomon, 23, of Longdenville, Chaguanas, was severely wounded following an altercation at the fete, which was held at Pier 1, Chaguaramas. Burnett was charged on Wednes-day by Supt Errol Denoon of the Port-of-Spain CID. Burnett, of St Barbs Road, Belmont, was escorted without handcuffs into the prisoners’ dock by his colleagues and stood before the Magistrate as the charges were read. He had reportedly been brought to the St Vincent Street courthouse at 6 am to avoid exposure to the media. He was represented by attorney Mario Merritt. 

After making an application for the disclosure of specific documents contained in the file that was being prepared by the State, Merritt requested that the inquiry begin as soon as possible, even as soon as the next occasion on which Cato was scheduled to appear in court. McNicolls, however, informed him that the “process is very tedious” and “could take a couple of months.” He explained that there were many other matters waiting to be heard. But a persistent Merritt refused to accept that answer. “When it is a Westmoorings individual things happen differently. I’m just asking for similar action.

There is no bail for murder and he will be languishing in there (prison).” As an added argument in favour of his request, Merritt then accused the media of villifying his client and writing erroneous reports. In response to McNicolls’ advice to him to make a report if he felt that the media was publishing inaccurate reports, Merritt said, “Fighting the media is for the politicians.” “But the truth will come out in court,” he added. Deputy DPP Carla Brown-Antoine, in defence of the lengthy period that usually elapsed before an inquiry begins, argued that it took time to prepare the files because there were procedures to be followed. 

“I cannot indicate that the inquiry will begin on the next occasion,” she said. “While speedy justice is desired, one must not rush justice as well,” she added. “Why does the wheel of justice have to turn so slowly?” McNicolls asked. “Something has to be done about the system.” The 30-year-old officer was remanded into custody and will re-appear in court on February 5, when the defence indicated that it will be ready to proceed “with or without disclosure.”