SIXTEEN-year-old Timothy Noel was said to have been running away from another youth, Delwin Mc Queen, who was chasing him with a knife. Noel won the battle on June 11th 2008 when, it is alleged, he picked up a length of timber measuring about 8’x 4”x 2 which had eight nails in it.
He struck Delwin on the head with the piece of timber and ran away.
The timber, looking like a length of rafter, is said to have caused an injury to Delwin which later paralysed him and caused death.
The doctor who performed the post- mortem concluded that the injury could have caused death.
As a result of police investigations, the accused was arrested and charged with manslaughter.
At the close of the prosecution’s case,
defence counsel Mr. Hewley Griffith relied on a no-case submission in the absence of the jury.
But on ruling at the resumption the following day, Presiding judge Mr Brassington Reynolds supported the view by the prosecution that the case was one for the jury to consider.The accused was therefore called on to lead a defence.
The judge told the accused that he is presumed to be innocent and that it was the prosecution who would have to satisfy the jury through the evidence, of his guilt or innocence.
The accused was told that he could sit in the dock and say nothing, he could remain in the dock and give an unsworn statement and no one could question him, or he could go into the witness box and give a statement on oath, and he could be questioned.
The accused then told the judge that he would rely on the caution statement which he had given to the police.
Then in an unsworn statement from the dock he said, “My name is Timothy Noel. I was born on 21st of December, 1990.
“In 2007 I was 16 years old. I relied on the statement which I gave to the police. I did not intend to kill or injure Delwin.”
Defence counsel told the court, “That is the case for the defence.”
The accused will know his fate today.
Attorneys-at-law, Messrs Hewley Griffith and Lawrence Harris are defending the accused.
Prosecuting are Ms. Mercedes Thompson, Ms. Orinthea Schmidt and Mr. Michael Shahoud.
The defence and prosecution lawyers addressed the jury yesterday afternoon.
Mr. Griffith reviewed the evidence to show that the deceased was in the habit of calling the accused nicknames and had banned the accused from walking a certain street.
On the day in question, the deceased had attacked him with a knife and was running away when his attacker was following him. In defence, the accused picked up a piece of timber and pelted his attacker with same. Defence counsel urged the jury to give his client the benefit of the doubt by returning a verdict of not guilty.
On the other hand, Prosecutrix Miss Mercedes Thompson urged the jury to return a verdict in keeping with the evidence and the oath they had taken.
On the resumption today, presiding Judge Mr. Brassington Reynolds will sum up the evidence to the mixed jury after which he would hand over the case to them (the jury) ,for their consideration and verdict.
By George Barclay