The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE retrial of a man accused of murdering a policeman has heard from a witness who pointed out the suspect in court as the man he says he saw holding a gun.

The witness was driving south on East Street early on Independence morning and told how he abruptly stopped his car when he heard gunshots.

The witness, whose name will not be revealed for his protection, said he saw a man pointing an object in the direction of another man who he watched collapse on the sidewalk near a bar.

He said he was able to get a good look at the man holding the gun. He pointed out Pachino Lundy in court as the alleged gunman who after firing the gun, jumped in on the passenger’s side of a black Chevy Monte Carlo before the car sped off.

Lundy, who is on bail, is being retried for murder before a Supreme Court jury. Last year’s trial was declared a mistrial because the jury were not unanimously convinced that Lundy murdered Police Constable Henry Curry outside the Odley Kemp Bar Independence morning 2005.

The off duty constable had been outside the East Street bar on 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.

In court yesterday, the first of two key witnesses in the case recalled the events of that morning.

“I was travelling south on East Street when I arrived at the corner of Hay Street at the Odley Kemp Bar when I heard some gunshots, three gunshots,” he said, adding that he came to a complete stop.

“There at that time I saw an individual, his hands were point like this,” the witness demonstrated with his hands. “Sparks were coming from his hand,” he recalled.

“Then I saw a young man fell on the ground to the sidewalk.”

Prosecutor Delaney asked the witness to estimate how far the gunman was from his car. “No more than 20 to 25 feet,” he replied.

“Was there any lighting?” the prosecutor asked.

“There were street lights. The area was well lit and my head lights were on,” the witness answered.

“At this time, I took note of his clothing, height, build and was able to see what he looked like,” which he said lasted between 30 and 60 seconds.

Mr Delaney asked him: “Was there anything obstructing your view?”

“No, sir,” the witness replied.

The witness said he gave a statement to police a day after the shooting. He said he was then called to attend an identification parade at the Central Detective Unit.

He said “approximately” 12 persons were among the line-up to be pointed out as the gunman who he recognized that morning.

The witness said he picked the fifth man out of the line up. He then pointed out Pachino Lundy in court as the man wearing “no. 5” during the line up who was the gunman outside the bar.

In cross-examination, defending attorney Bernard Ferguson asked the witness if there were others around the area of the bar when he stopped his car.

“Yes,” the witness said.

Mr Ferguson asked if they had moved when the gunshots went off. The witness said they were just standing there.

“Were you in fear when you heard the gunshots,” the attorney asked him.

The witness said he was not “because the gun wasn’t pointed in my direction.”

He also told the attorney he could not give a definitive figure as to how many persons were standing there.

Mr Ferguson suggested to the witness that he “did not come to an abrupt stop.”

“I most certainly did” the witness replied.

The attorney further suggested that the witness “observed 20 persons and not the individual pointing the gun with sparks coming out.”

“It was just a figment of your imagination,” the attorney suggested. The witness disagreed.

The trial resumes today before Justice Roy Jones.