Justice Holder to rule on Friday
WHEN the hearing of the Patentia School smoke murder continues tomorrow, Justice Franklyn Holder will either accept or reject a defence no-case submission.
In the event that the no-case submission by defence counsel Glenn Hanoman is accepted, the accused Quanson John, who is on trial for the murder of Kelvin Fraser , will be freed at this stage.
On the other hand, if the Judge overrules the submission, accused policeman Quancy John will be called upon by the judge for a defence before the jury, whose task it will be to listen to his defence and decide whether or not the prosecution has made out a case against him.
During the trial, the jury among other things heard that the cop claimed his gun went off accidentally during a struggle for the weapon at a time when the accused grabbed the gun and was attempting to take it away.
This type of evidence was part of the prosecution’s case said to have been taken from the cop in an oral admission to Inspector EIston Baird.
Fraser was shot to death on June 7th 2010 when the police invaded the school to quell an unrest by alleged dope smokers and sellers who were said to be in the habit of interfering with female teachers and peeping at them from beneath a stairway of the secondary school.
Assistant Supt.of Police Elston Baird, one of the witnesses who had testified had told the court that on June 8, 2010 he and other officers visited the Wales Police Station where PC Quancy John was on close arrest as a result of the Patentia shooting the day before.
According to Baird , he identified himself to John telling him that he was stationed at the office of Professional Responsibility and also told him that he was there assisting in the conducting of the investigation of the alleged shooting of Kelvin Fraser.
He enquired from John whether he would take him to the scene and he obliged.
The accused took the party including Cpl Grannum and Assistant Commissioner Jameer to Third Street, Patentia. No caution was given to John.
Witness said that the accused pointed out to the party where the alleged incident occurred.
Witness added, The policeman said “ The young man was running and I told him him to “freeze” and he stopped running. I told him to come over a drain where I was standing. He came. I was holding the gun in my left hand around the middle, the nozzle was pointing upwards.
“I was holding him with my right hand and he grabbed the gun and we started a struggle and the gun went off”, witness said the cop told him.
ASP Baird said that no one in his presence ever put the allegation of murder or manslaughter to the accused, because they were not investigating murder or manslaughter.
In answer to defence counsel, Mr. Glenn Hanoman, witness said that the investigation was completed in four or five days after the 8th of June, 2010.
Baird said that at the end of the fifth day he was unable to appraise himself as to what constituted the evidence.
He said that Assistant Commissioner Jameer, the most senior person present, might be able to so avail himself.
Miss Diana Kaulesar is conducting the case for the prosecution.
The hearing continues on Friday.
(By George Barclay)
