Verdicts are likely tomorrow, for the trio accused of the massacre of the 12 men, including three police officers, at Bartica, on the night of February 17, 2008.
After almost three months of testimonies, from just under 30 witnesses, the jury heard closing addresses, over the past two days from both the prosecution and defence— each side advancing a multiplicity of reasons as to why the accused should, and should not be found guilty as charged.
For its part, the defence is contending that the men were never at Bartica at the time of the killings, and had no involvement therein, whatsoever.
Indicted for the capital offences, are Mark Royden Williams, called “Smallie,” Dennis Williams, called “Anaconda,” and Roger Simon, called “Goat Man.”
It is alleged that on the day in question 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.
Defence attorneys Roger Yearwood, Saphier Hussain and Peter Hugh, who are representing Mark Royden, Dennis and Simon respectively, have all passionately argued that the prosecution has failed to prove its case beyond reasonable doubt.
Meanwhile, in her almost two-hour, equally passionate address to the jury, senior state counsel Diana Kaulesar stated that not only was the prosecution’s case cogent and compelling, but that every one of its witnesses, even in the face of inconsistencies, withstood the scrutiny of cross-examination.
“Not one of the state’s witnesses were discredited,” Kaulesar resolutely stressed.
She said that the state had called witnesses, who substantiated that the accused were party to a joint enterprise, and fully participated in the murderous attack launched at Bartica on the night of February 17, 2008.
The prosecutor said that Mark Royden, Dennis and Simon who were part of the gang led by the infamous Rondell “Fine Man” Rawlins, were all well aware that innocent lives would have been harmed or taken on that fateful night.
After the addresses from both sides, Justice Roxane George SC informed the court, that the matter would be adjourned to tomorrow at morning at 9:30, when she will commence summing up the case to the jury.
Thereafter, the trial judge will hand it over to the jury for deliberation, and the possible return of a verdict.
In reiterating the usual caution to jurors not to discuss the case among themselves, before such time as it is formally handed to them for consideration, Justice George firmly warned that no one from either side was to approach them.
She told the jury also, that while the case was one which attracted national attention, this was to be of no concern to them and should play no part, nor have any bearing during their deliberations.
“You are to be concerned with the evidence before the court,” the judge emphasised.
Meanwhile, Dennis Williams, who on Thursday last refused to attend court, was again absent from Monday and yesterday’s hearing.
Last Thursday, the trial was delayed by two hours due to Williams’ absence.
Chief Prison Officer Roddy Denhart had reported that the accused had refused to leave his cell or get dressed, while stating that he was not going to court and that “the judge can go ahead and try the case.”
Denhart had said that despite all efforts from prison officials, they were unable to get Williams to attend court.
Yesterday, the update was no different as prison officer reported that Williams continued to refuse to attend court.
He said that after being told of his hearing for yesterday, Williams indicated that he was not going back to court.
The judge has requested that Denhart provide the court with an update for each time this accused was absent until the case concludes.
The state’s case was presented by Kaulesar in association with Prosecutor Stacy Goodings.
The charges against the trio stem from an attack at Bartica in which gunmen attacked the police station first, killing the three policemen.
The state’s case is that the three men were part of a gang that attacked the police station, and after killing the policemen, they then reportedly took the vehicle assigned to the station and went on a rampage, terrorising the community and murdering the nine others before making their getaway with weapons, precious minerals and cash.
According to testimony given during the trial, the gunmen arrived in the area by boat and departed in similar fashion, taking with them firearms they had grabbed from the police station and from a mining company.
The attack on the Bartica community came amidst heightened security across the country following the slaughter of 11 people at Lusignan, East Coast Demerara three weeks earlier.
