At Berbice Assizes
BUSINESSMAN Errol Azar, who first testified, on Tuesday, that he shot the accused in the policeman murder case at the Berbice Assizes, was further grilled yesterday.

Under continued cross-examination by Defence Counsel Mursalene Bacchus, the witness revealed that, as a result of the shooting, the man on trial for unlawfully killing Police Constable Micah Cort, filed a civil suit, claiming compensation in the High Court.

Azar said the accused and the victim were three feet apart when the latter was shot and he could have seen both men at the same time.

The witness said, when he heard the last gunshot, he looked at the gunman for seven to eight seconds, before going to where Cort lay between three and five minutes after.

Azar denied knowing Police Corporal Newland and could not recall seeing him on the night the other cop was killed.

The witness confirmed that Police Inspector Henry took possession of the gun which the accused had but denied hearing four shots whilst McCammon and Cort were engaged in a scuffle.

Azar said nothing blocked his view and he did not tell the lower Court that the shots were fired during the fight.

About his second statement he gave, the licensed firearm owner said he was not certain why the Police wanted to clarify the issues of light and distance.

However, in answer to Bacchus, Azar maintained that the information given in it was no different from that in the initial deposition.

The witness said he had been drinking rum for two hours before the incident and agreed that alcohol affects the human senses.

Prematurely

The proceedings were adjourned prematurely yesterday after the witness Newland, who was expected to take the stand, did not attend.

Azar began his evidence, telling Justice Winston Patterson and the mixed jury that he fired at the feet of the accused.

The witness said the man at whom he shot was running towards him after shooting Cort, during the Carib Soca Monarch Semi-Final Competition at Esplanade Ground, in New Amsterdam, on February 11, 2007.

Azar, led through evidence-in-chief by State Prosecutor Fabayo Azore, said he had previously known the slain cop for five years and the accused for two years, prior to the shootings.

The witness said, on February 10, 2007, at 22:30 h, he was in the company of two friends at the show and they were at the Demerara Distilleries Limited (DDL) bar/booth. Between 100 and 150 other persons were also in the vicinity.

It was at 01:30 h, the following morning, that several persons started moving away from in front of the Carib Bar, about 15 to 20 yards from where he was standing.

Azar said he saw two persons involved in a scuffle and he recognised one as Cort, from his appearance and the clothes he wore, as he had seen him two or three times earlier that night.

The witness said he did not recognise the other person during the one minute the fight lasted but he heard a gunshot, originating in the area of the Carib Bar from where everyone began to run and throw themselves on the ground.

“I unholstered my weapon and continued to observe what was going on around the Carib Bar,” said Azar, who has a licence to carry a nine millimetres gun,

He told the Court that, after the fighting duo parted, he realised the other person was the accused who had what appeared to be a gun in his hand, pointing towards Cort.

Three gunshots were fired and, as the unarmed, wounded policeman fell, Azar said the accused ran in his direction.

According to him, after firing a warning shot and shouting: “Stop” and the accused did not but continued towards him, with what appeared to be a gun, Azar said he fired one shot at his feet.

The accused continued approaching, still with the gun uplifted and he fired two more shots at his legs before he fell, Azar said.

He said he immediately holstered his weapon and went in search of Police Inspector Henry, whom he had previously seen near the DDL Bar.

Azar said he informed Henry of what took place and asked him to secure the weapon in possession of the accused.

Questioned by Bacchus, the witness said he got his gun licence since 1993 and had done target practice, at Eve Leary in Georgetown, for about 10 years.

He also practised on his own, once a year, but is not satisfied with his proficiency and accuracy, despite practising all the years.

Proficiency

Referring to evidence given in the Magistrate’s Court, where he was recorded as saying he had some degree of proficiency, the witness, who had earlier seemed not to understand the meaning of the word proficiency, admitted that he did have some knowledge of gun use.

Azar said, when he discharged the first round at the accused, the target was facing him and, if any bullet had hit him, it would have been on the front of his body.

The witness told Bacchus he gave two statements to the Police, the first on the afternoon of February 11, 2007, at Central Police Station, New Amsterdam and the other two months later, at his home.

Although informed that records indicated the first deposition was taken on February 12, 2007, the witness insisted he did not tell the magistrate it was given then.

Azar said the purpose of the second, recorded by Inspector Paul, was to clarify the distance and lighting.

With the aid of a blackboard, Azar indicated the locations of the Carib Stage and the DDL Bar, where he was drinking since his arrival on the ground.
The trial is continuing.