The Tribune

By LAMECH JOHNSON ljohnson@tribunemedia.net WITNESSES are expected to testify in the Supreme Court today in defence of a man charged with the Independence Day murder of a police constable. Defence attorney Calvin Seymour, told Justice Roy Jones in court last Friday that his client, Pachino Lundy, has two witnesses who can account for him at the Odley Kemp Bar six years ago. Police Constable Henry Curry had been outside the East Street bar on the Sunday morning -- July 10, 2005 - when he was shot in the back. The prosecution alleges that Lundy was responsible for the shooting death of the police officer at the bar around 2am. During trial on Friday, the accused gave sworn testimony about the night in question before a 12-member jury. Lundy's only remaining option was to stay silent. Under law prior to November 4, the accused had the choice of staying silent and relying on the evidence throughout the trial, give sworn evidence on the witness stand and be subjected to cross-examination, or of giving unsworn testimony from the prisoner's dock which could not be used by the jury to convict or acquit him of an offence, and on which he would not be cross-examined. However, before testifying under oath before the court, Seymour sought to make submissions to the judge in the absence of the jury. The trial continued, and Lundy took the stand to tell the jury about the night in question. The accused told the court that he, a friend known as Foreman and their girlfriends had pulled up outside the O'K Bar - in a black two-door Monte Carlo - where he and "Foreman" got out of the car and went inside to get drinks. Some five minutes later, after leaving the pub, the accused was walking to the car when he heard gunshots from behind him. He told the court that he ducked and lowered his head while going to his car, in fear he would be shot a second time. When leaving the area, he said that rocks were thrown at his car and it was this that prompted him to go to the Wulff Road police station after dropping off Foreman and his girlfriend. However, upon arrival at the station and attempting to explain his purpose for going to the police, he ended up getting arrested with his friend and their girlfriends. He says that he was questioned and then charged the next day. Seymour asked his client what his purpose for going to the police and he said that it was to report that persons had thrown a rock(s) at his car. Prosecutor Anthony Delaney, cross-examining, suggested to the accused that his testimony was not the truth. The prosecutor suggested to Lundy that he did not see a person, presumed to be the shooter, run past him while he was taking cover because "you are the shooter". He further suggested that the accused only went to the police station in fear of what he had done. Lundy disagreed with all the prosecutor's suggestions, declaring: "I ain't no shooter, I ain't kill no one." Mr Delaney asked why he had not gone to the police first, instead choosing to take Foreman and his girlfriend home. Mr Delaney suggested he only did so before going to the police so that he could come up with a story to save himself. Lundy responded: "For what? No man. I ain't gatta save my hide cause I ain't do nothing." The prosecutor then asked why he had not signed the record of interview if he claimed to have not done anything. "I didn't sign anything because I was stressed out having just buried my grammy." The prosecutor's response: "But you had the presence of mind to go to the station, but not to sign the statement?" The accused said: "Every time I get lock up, I don't ever sign anything." The accused was also asked questions by the jury through Justice Jones. They wanted to know if the accused was able get a clear view of that who had thrown the rocks and whether that person had fired the shots. He was unable to say. The trial resumes today with testimony from defence witnesses.