MAJOR inconsistencies in the testimony of the prosecution witnesses led to the attempted murder and assorted gun charges being dropped against Chabo Capron on Thursday (September 12).
Capron was accused of shooting Kevin Pierre outside of Fun World, the miniature golf establishment on Leeward Highway, Providenciales, last October 19.
On Thursday attorney-at-law Lara Maroof of F Chambers had her no case submissions upheld by Supreme Court Judge Margaret Ramsay-Hale following the former’s cross examination of Crown witness, Haywood McIntosh.
McIntosh – for whom the judge had issued a warrant to ensure his attendance for the completion of his testimony when he failed to appear for the afternoon session on Wednesday (September 11) – was the last of Crown prosecutor Leonard Franklin’s witnesses.
Following McIntosh’s cross-examination and the defence attorney’s submission Judge
Ramsay-Hale instructed the jury to bring a verdict of not guilty because the question of the shooter’s identity was in doubt.
Two other witnesses, the victim and Police Constable Felicia Robinson, had testified at the start of the trial on Monday that they did not see the shooter, as the person’s face was covered.
However during direct testimony McIntosh said he saw the shooter in a 30 to 40 second time span before the person discharged the gun.
According to McIntosh’s testimony he and the victim were sitting in his vehicle outside of miniature golf when Capron walked up to the vehicle with his gun out.
The witness testified that as he was attempting to drive away when the weapon was discharged, hitting Pierre.
McIntosh also told the court that prior to the shooting he saw the Capron outside the sushi bar in Grace Bay at which time the former accused was looking at him and behaving in a disorderly manner.
Prior to his testifying on Wednesday, a sullen McIntosh informed the judge that he could not give his testimony because of tiredness.
He protested that he had had a busy morning taking his child to school and conducting his affairs, that he was up since 6am that morning and that he was mentally incapable at that present moment to testify.
However the judge did not bend to his request for another date to appear, citing the presence of the seven-person jury, which she said made the time to come to court.
She subsequently granted him an hour’s rest with refreshments at the expense of the court.
At about 12.30pm prosecutor Franklin commenced his direct examination which lasted about an hour before the adjournment.
McIntosh however failed to appear for the 2.30pm sitting forcing the warrant for his detainment to be issued by the judge.
Meanwhile Capron, although not guilty of the charges stemming from this incident, remained on remand in relation to charges in a separate matter.
Source: TC Weekly News