Bartica massacre accused Dennis Williams yesterday refused to attend court for his ongoing trial, which Justice Roxane George SC nevertheless continued in his absence.
At the end of a two-hour delay caused by Williams’ absence, Chief Prison Officer Roddy Denhart reported to the court that despite all efforts from prison officials, they were unable to get Williams to attend court.
Williams, called “Anaconda,” is on trial along with Mark Royden Williams, called “Smallie,” and Roger Simon, called “Goat Man,” for the massacre of 12 men, including three police officers at Bartica in 2008.
At 11:00hrs, Denhart reported that after informing Williams earlier yesterday about his 9am hearing at which he needed to be, the accused said he was not going to court.
In addition, Denhart said that Williams refused to leave his cell or get dressed for court.
Dennis’ attorney, Saphier Hussain, who had told the court on Wednesday that the accused no longer wanted his services, was present at yesterday’s hearing, as was previously ordered by the court, and reiterated Williams’ position, regarding his representation.
Asked to account for his client’s non-appearance, Hussain told the court, that the situation was a very serious one, and since he had been discharged by the accused, his professional responsibility and ethics required that he no longer represent him.
He said that communication had broken down between himself and the accused and that he had received no instructions from Williams.
Counsel submitted that in accordance with Article 144 (d) of the constitution, Williams has the right to retain a lawyer, of his choice, to represent him.
Hussain advanced that in light of this constitutional right, he would be acting illegally were he to continue representing the accused.
In response, Justice George said that while the court appreciates Hussain’s explanation that Williams has discharged him and that their communication had broken down, the Chief Justice has ordered, and she concurs, that he (Hussain) be state-assigned as the accused man’s counsel.
The trial judge noted, that in light of Williams’ refusal to attend or communicate with the court, it would be unfair to the other two accused for the proceedings to be stalled now that the case nears its conclusion.
The judge highlighted also that time would be lost should another attorney have to enter the case at this stage to familiarise themselves with it.
Citing case law to which she referred, Justice George said that the court cannot compel an accused who has refused to attend court by force or threatening the use of force.
Noting that he will appear as counsel for the accused, since he has been so compelled by the court, Hussain asked the court to have the record reflect that he is appearing “under protest.”
After counsel’s submissions, Justice George continued with the trial proceedings, at which point Hussain called their two remaining witnesses, before wrapping up his client’s case.
When the matter resumed after lunch, the court again asked for a progress report on Williams and Denhart reported that there was no change.
He said that after making contact with the Superintendent of Prisons, he was informed, that Williams was spoken to about his afternoon court attendance, but the accused “stood his ground.”
He noted that the Superintendent related that the accused said “the judge can go ahead and try the case.” “All efforts by the prison (to get Williams to attend court) have proven futile,” he added.
The judge noted that at every hearing until the matter concludes, once Williams is not there, the court will be enquiring about his absence.
Mark Royden Williams and Simon have been present for every hearing.
The charges against the trio are that on February 17, 2008, they murdered Lance Corporal Zaheer Zakir, and Constables Shane Fredericks and Ron Osborne, as well as Edwin Gilkes, Dexter Adrian, Irving Ferreira, Deonarine Singh, Ronald Gomes, Ashraf Khan, Abdool Yasseen, Errol Thomas, and Baldeo Singh.
‘At all, at all, at all’
In leading his defence from the prisoner’s dock yesterday, Simon told the judge and jury, that he has been in prison for the past eight years for something he knows nothing of.
Simon said that on February 17, 2008; he was working on a land dredge at Cornfield Backdam, 14 Miles, Potaro.
“I, Roger Simon, better known as ‘Goat Man,’ was nowhere at Bartica at all, at all at all,” the accused stressed.
He said he was in the mining camp in the company of his employer, Brian Chase, and other employees, when in the wee hours of February 18, 2008, someone delivered a message to Chase “that Bartica got big shoot out.”
The accused, who said he lived at Bartica, told the court that he immediately thought of his children and family there and resultantly travelled out to Bartica one or two days later.
Simon said that prior to his incarceration, he did not know his co-accused.
According to him, on April 8 of the said year, he and another man were drinking at the Mackenzie market when a police vehicle passed by. He said four officers, whom he had known from Bartica, were on that patrol, as they had been transferred to Linden. According to him, the lawmen said, “Duh is nah duh one ‘Goat Man’ from Bartica. Leh we guh and see wah he doing, cause he don’t live hay.”
Simon said the officers then told him that a girl from Wismar had been robbed and that he fit the description given to police, and that he was needed at the station. He said the lawmen placed him in the lockups and told him, “cool out, we gon check yuh in half hour.”
Upon their return, Simon said the police told him to tell them what he knew about the Bartica massacre and he told them he knew nothing.
He said the lawmen then badly beat him, pulled out his hair, handcuffed and shackled him and placed him back into the lockups. Simon said he was also placed in a cell alone, and drenched with water.
The accused added that he saw the policemen a week later and was then informed that he was needed at Police Headquarters Eve Leary, for the Bartica massacre, which he again told them he knew nothing about.
Simon said that thereafter he was placed on an identification parade, which he described as a “cowboy parade,” as he was the only Rastafarian.
The accused said that he was then informed by officers at Police Headquarters that he had been picked out on the parade and he was thereafter charged and placed before the court.
Simon called his former employer, Chase, as a witness and he corroborated the accused’s story of being at the mining camp at the time of the massacre.
During cross-examination, Prosecutor Diana Kaulesar suggested to the witness that contrary to what he would have testified in his evidence-in-chief, he never gave police a statement regarding Simon’s whereabouts at the time of the massacre. Chase, however, resolutely maintained that he did.
It was then suggested to the witness that he was only testifying to help Simon. Chase responded in the affirmative but added, “By telling the truth.”
Asked if he would want to see the accused freed, Chase again said yes, adding, “Because he’s innocent.”
It was finally suggested to the witness that he wanted to mislead the court and jury, to which he said no.
The case continues this afternoon at the High Court in Georgetown, when the judge will be ruling on certain legal submissions.
