BASSETERRE, St. Kitts - LESS than one hour into deliberation, the jury in the case of Xavier Phillip and a juvenile came back with unanimous guilty verdicts on two counts each of shooting at with intent.
The case of Phillip and the juvenile began on Monday (Feb. 27) with Director of Public Prosecution Paulina Hendrickson leading the prosecution team and calling a total of six witnesses to testify on their behalf.
The juvenile, was represented by Attorney-at-Law Chesley Hamilton while Phillip was self-represented and both parties chose not to testify or present witnesses on their behalf.
The prosecution stated that Phillip and the juvenile, while driving a motor scooter East along the Island Main Road in the vicinity of Canada Industrial Site, shot at Constables Alphonso Browne and Julian Charles with intent to do grievous bodily harm.
One of the witnesses, Kenroy Richardson, testified that on January 1, 2011 his motorbike was stolen while he was on one of the beaches in St. Kitts but the matter was never reported.
He said that on the night of January 19, 2011 while at Upper Cayon, he saw his motorbike, took it up and called a friend who owns a car to assist him in taking it to his St. Peter’s home.
Richardson told the court that he was on the motorbike while it was being towed by the car. He explained that while in the vicinity of Canada Industrial Site, he observed two individuals on a scooter behind him and, having the belief that they were going to attack him, he jumped off the motorbike and ran away.
He later returned to the scene, picked up his motorbike, parked it at Insta Tyre World and travelled to the Cayon Police Station where he made a report.
Richardson said that two police officers accompanied him to the scene and after an examination of the motorbike he realised that the seat was missing.
He told the court that he went into some nearby bushes in search of the seat and, while there, he heard what sounded like the report of gunshots.
Richardson also said that he stayed in the bushes for a while and when he got out he did not see anyone. He subsequently caught a bus and headed for his home.
Constables Browne and Charles also testified. Both of them said that they were on duty when they received a phone call about the incident involving Richardson.
The two officers said that they used police vehicle P2400 to travel to the scene with Richardson, and while making their investigations they observed two young men wearing red shirts on a scooter driving East on the Island Main Road and the pillion rider started shooting in the vicinity of Insta Tyre World.
Both officers said that they returned fire at the occupants of the scooter and pursued them in P2400. They said that the scooter fell to the ground next to a dirt road on the left side of the Island Main Road and the occupants got off and ran up a dirt road leading to the quarry.
The officers said that upon reaching that road, they observed a black helmet and a pistol with a jammed 9mm spent shell in it on the ground next to the scooter.
The Constables also said that they searched the area and found Phillip with gunshots wounds to his left hand and leg, wearing only a pair of boxer shorts. A further search was done and a red shirt and a camouflage pants were found.
They further testified that on January 21, 2011 after receiving information, the juvenile was discovered warded at the JNF General Hospital.
Another witness, Woman Sergeant Leah Phipps-Francis, told the court that she and a number of officers visited the scene to conduct investigations and a number of items were taken into custody, including 12 spent shells - six 9mm and six 7.62, a helmet, firearm and clothing.
She also testified that on March 26, 2011, the firearm and seven 9mm spent shells were handed over to Ballistic Expert Derrick Sanker for examination to determine if the spent shells came from the firearm.
Sanker, during his testimony, acknowledged receiving the spent shells and after test firing the firearm found at the scene, he compared the shells and disclosed that “it is possible that those seven casings (spent shells) were discharged from the same firearm”.
Matthew Smith of the Criminal Investigation Department also testified in this matter. He said that on the night in question he visited the scene as a result of a report made. He also said that after making his observations, he spoke with Phillip who was found at the scene.
Smith said he told Phillip it is alleged that he had shot at the two police officers, to which he replied, “Not me, I can’t shoot at police…I was driving the scooter.”
Smith said too that on January 21, 2011, the juvenile, accompanied by an adult, went to the Basseterre Police Station, where, in the adult's presence, he told the accused that he was making inquiries into a report that he allegedly shot at police officers.
Smith said that he cautioned the juvenile and his response to the allegations was: “I can’t shoot at police when I was driving the scooter.”
The CID rank added that after taking the juvenile’s statement he was taken to the JNF Hospital where he was treated for a gunshot wound to his left leg.
Smith also told the court that Phillip and the juvenile were formally arrested and charged with warrants in the first instance on January 22, 2011.
Both of them were remanded to Her Majesty's Prison until sentencing. They are expected to be sentenced after completion of their Social Inquiry Reports.
