– judge slams police over suppressed evidence
Ashanti Schultz, who was accused of murdering a man during a shooting on Main Street in September 2007, was yesterday freed of the charge.
Justice William Ramlal directed the jury to return a unanimous verdict of not guilty following no-case submissions made by her lawyer Nigel Hughes.
Addressing Schultz, popularly known as ‘Blondie’ after his ruling, the judge pointed out that the court can only make a decision based on the evidence presented and there was none to show that she was guilty.
Schultz, 28, a broker of 109 Eccles, East Bank Demerara was charged with the murder of Kenneth Nero in the September 16, 2007 incident. She first appeared before Justice Ramlal in the High Court on June 18, this year.
Nero, a 58-year-old hospital porter was fatally wounded in an incident where it was reported that Schultz and other women were involved in an argument and she allegedly went to her car and took out the weapon. She then allegedly fired the shots hitting Nero, who was sitting next to a ticket booth outside the New Courtyard Restaurant and Bar.
The prosecution’s case, Justice Ramlal said yesterday, was “completely destroyed” by its witnesses who openly admitted to the court under oath that they had committed perjury. He further noted that the testimony of those witnesses revealed that evidence was “suppressed” during the preliminary inquiry (PI) conducted in the Magistrate’s Court and the testimonies of some of the police witnesses contradicted their testimonies given during the PI.
Police Lance Corporal Kennard Thompson and Police Constables Alton Sauers and Kenton De Younge, the judge said, “were unfair and prejudiced in their investigation”. Justice Ramlal informed the three policemen that he would ensure that copies of their testimonies are forwarded to the relevant authorities and will “strongly recommend” that they be charged with perjury and/or other relevant offences.
After the last witness testified in the High Court yesterday morning, the matter was adjourned to the afternoon session during which Hughes made no-case submissions.
“It is impossible for me to rebut to the points raised by the lawyer,” was the only response State Prosecutor Ganesh Hira made to the submissions.
Hughes’ submission was accepted by the judge who after a short adjournment gave his ruling.
Justice Ramlal, before his ruling, pointed out the inconsistency of the testimony of lead police investigator, Inspector Ludovick Scotland; the fact that during testimony Scotland revealed that his investigating team knew of another “potential suspect” before Schultz was charged with murder in 2007 and that an analyst’s report showed that no gunpowder residue was found on Schultz’s hands.
The trial
Scotland, currently attached to the Tactical Services Unit (TSU), was the seventh witness to be cross-examined during the trial on Tuesday.
Police Ballistics Expert Eon Jackson, whose expertise was questioned by the defence on Monday, was cross-examined on Tuesday morning.
Sauers and De Younge, who were present at the Main Street location on the night of the shooting, testified earlier and Thompson, who had the gunpowder analyst’s report in his possession, testified yesterday morning.
Hughes, on Tuesday afternoon, questioned Scotland about statements he had received from “four people who claimed to be eyewitnesses” and whether those statements had identified another woman as the shooter; if and when the potential suspect was taken into police custody and if he [Scotland] was aware that the analyst’s report on swabs, which were rubbed on the hands of Schultz for possible gunpowder residue, was negative.
Scotland responded that “about four police investigators,” including him, were part of the team investigating the matter. “Five or six people who claimed to be eyewitnesses” to the shooting incident which occurred at a popular Georgetown bar, Scotland said, were interviewed by police. Four of those interviewed “identified a person other than the accused [Schultz] as the person involved in the shooting resulting in the death of Nero”.
Two of these four persons, Scotland told the court, gave written statements to the police shortly after the early morning shooting incident. Those two statements were in the police’s possession before 12 pm on September 16, 2007. Days later, the other two eyewitnesses submitted similar statements, thereby giving police concrete information that there was a potential suspect in the matter besides Schultz.
Scotland further testified that during the first week after the incident, despite several attempts, police were unable to locate the potential suspect. The potential suspect was found after Schultz was charged and taken before the magistrate’s court.
The potential suspect, Scotland said, was never arrested. When presented with records from the PI which showed that he had indicated to Magistrate Oneidge Walrond-Allicock under oath that he had arrested the potential suspect, Scotland denied this. Scotland further said that the potential suspect was never charged because of “directions” he had received.
According to information in the two statements on September 16, 2007 the potential suspect had a firearm. Both statements recorded that the potential suspect “took out the firearm and explosions” were heard shortly after.
By September 20, 2007 police received two additional statements which said that the potential suspect, and not Schultz, did the shooting.
With regard to the analyst’s report on the gunpowder residue, the inspector had said that, despite being the officer in charge of the investigations, he had not seen the report until yesterday when it was presented to him in court but had been aware of the results.
Hughes then suggested to Scotland that his investigating team had deliberately suppressed evidence. Scotland denied that evidence was “suppressed”. Prosecutor Hira declined to re-examine the witness.
DPP and police
investigation
“As if it were not enough,” Justice Ramlal said yesterday, referring to the evidence suppressed during the PI, “the accused was committed to stand trial and the Director of Public Prosecutions (DPP) failed to carry out the constitutional and/or statutory mandate of that office by reviewing the file and exercising the statutory powers to direct the magistrate to reopen the PI.”
As the judge pointed out what he described as the failings of the DPP, he told Hira, “I admire your fervour in prosecuting the matter.”
Justice Ramlal then advised the prosecutor not to take anything said as a personal attack.
However, the judge was adamant that the DPP’s Chambers did not execute its duty. He described the DPP’s failure to review the file as “a negligent act and reckless performance of that office”.
In addition, Justice Ramlal continued, the police knew or had reasonable suspicion before and during the PI that there was a potential suspect in the shooting incident; and that the analyst’s report was negative. Justice Ramlal said the investigating team’s conduct was “repulsive and an unfair violation of legal principles.”
The judge said the court “will not stand by and let the police get away with it.
If this is the quality of police investigation then more and more guilty persons are going to be walking the street”. Justice Ramlal said the courts would get “the bad name” for setting those persons free but it must be understood that the court can only function based on the evidence presented by the police.
Addressing his final remarks to Schultz, who periodically flicked tears from her face, Justice Ramlal admonished her to change her lifestyle. He explained to Schultz that the court can only act based on the evidence before it and while there is evidence which says that she was present at the scene there was none which says she committed the act.
Justice Ramlal pointed out that while Schultz had been found not guilty it “doesn’t mean you were not involved”.
Schultz promised the judge she would change and with a smile, walked from the courtroom a free woman. Asked for a comment, she said, “God is in charge and all is well”.