The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE man accused of murdering a rich banker outside his Compass Point office said he did not kill Hywell Jones three years ago.

“I don’t have a reason to. I don’t know that person,” the court heard from 29-year-old Franklyn Stubbs, who chose to testify under oath in his own defence yesterday against a murder charge.

Stubbs denies the murder of 55-year-old Hywel Jones, of West Bay Street.

On April 22, 2009, Mr Jones had pulled up in the parking lot of his office when he was approached by a gunman and shot in the head as he was getting out of his Chevrolet Equinox jeep.

Mr Jones was rushed to Doctors Hospital and died of his injuries two weeks later after being declared brain dead.

Stubbs was taken into custody a year later.

Prosecutors Darnell Dorsett and Basil Cumberbatch alleged that Stubbs was the gunman in an “execution-style” killing.

Yesterday, before Stubbs took the witness stand following an opening address by his lawyer Dorsey McPhee, the jury was taken to the murder scene at Compass Point where prosecution witnesses showed them what they saw on the day of the murder.

The trial resumed at 3:30pm when the evidence of John Heney, Lerone Clarke and the key witness, a construction worker, was read into the record. Following this, the Crown closed its case and Stubbs opted to testify under oath.

Mr McPhee addressed the jury asking them to have an open mind when listening to the evidence of his client and not be swayed by the high levels of violence and murder plaguing the country.

After the accused was sworn in, Mr McPhee began questioning him.

“How old are you?” the attorney asked.

“I’m 29,” the accused answered.

“How old were you when you were arrested?” Mr McPhee continued. Stubbs said he was 27 when he was arrested in early 2010.

“You remember what you were arrested for?” his lawyer asked.

“It was for shopbreaking,” Stubbs said.

“When did they (police) ask you about the murder?” the lawyer asked.

“It was about four days later when I was in custody at the Wulff Road Police Station,” the accused replied.

“Did they ask you where you were on April 22, 2009?” the lawyer asked.

“Yea, they did,” Stubbs answered.

“And what did you tell him?” the lawyer asked.

“They did ask me about where I was and I tried my best to remember where I been in 2009, but it was a year later. I know I only is be home or sometimes by the tyre shop,” the court heard from the accused.

Mr McPhee asked his client to describe the Identification Parade in which he participated.

Stubbs answered that he and other men were in a room facing a glass that reflected their image but could see the figures of others behind the glass.

He also said that the dialogue of those in the other room could be heard.

He said they were instructed to sit down and shortly afterwards to line up against the wall. He was positioned as fourth among a line up of men.

“After the door open, the person say number four,” the accused said.

“Did any females come?” the lawyer asked.

“I heard a female voice,” Stubbs answered.

“Did you kill Mr Jones?” the lawyer asked.

“No,” the accused replied, adding “I don’t have a reason to. I don’t know that person.”

The lawyer asked his client if he went in that area, Compass Point or West Bay Street. “No” said Stubbs.

In cross-examination, prosecutor Dorsett asked the accused to look at his record of the interview with the police and to read from the fifth question onwards. Stubbs did this and the record of the interview showed that Stubbs denied being seen at the old PLP constituency office, hopping the rail of that office, running up a drive-way, and running away from the area after two gun shots went off.

“Were you here when the officers gave evidence about your prints being found on the baluster?” the prosecutor asked.

“Yes,” the accused answered.

“Even though you claimed to have never been in Gambier?” the prosecutor probed.

“I never been there,” Stubbs maintained.

“Did you hear him say a palm print is a print of chance?” the prosecutor asked.

“Yes,” the accused answered.

“And by chance, the officer explained that the suspect doesn’t expect the police to find anything. You heard this correct?” Ms Dorsett asked.

“Yes,” Stubbs answered.

“And you maintain that you were never to Gambier or had a reason to go there, but your left palm print was found on the baluster?” the prosecutor asked.

Stubbs maintained that he never went to Gambier and dismissed the prosecutor’s follow-up suggestion that he had selective memory because he could recall what occurred during the ID parade, but not about what took place on the day in question.

“You don’t remember putting your palm on the baluster as you were waiting for Hywel Jones?” the prosecutor asked.

“I’ve never been out there,” Stubbs repeated.

“Just as you saw Hywel Jones pull up, you jumped over the railing, ran up the drive way and 10 seconds later, BOOM! BOOM!, you shot Hywel Jones. Isn’t that right, sir?” the prosecutor asked.

“No, sir,” the accused answered.

“You went there with the intent to kill him isn’t that right?” the prosecutor probed.

“I never been there,” Stubbs answered.

“You never even took anything from him, not even his lap top bag as it was right there. You were there to end his life, isn’t that right?” Ms Dorsett asked.

“No, I never been there,” the accused answered.

“We put it to you that you laid wait for Hywel Jones from 7:45am. You hopped that railing, ran up the drive way after Mr Jones and you pounced on him,” the prosecutor suggested.

“No,” Stubbs answered.

“And then you ran away like a coward. You ran away to let Hywel Jones dead,” the prosecutor further suggested.

“I don’t have a reason to do that. I still lost, I still don’t understand,” Stubbs told the court.

“You left Mr Jones to suffer,” the prosecutor suggested.

“No,” the accused answered.

“And you left on a motorbike. The officer said when he tried to stop you, you waved your hands and said you didn’t do anything” the attorney said.

“That’s the thing, I can’t ride motorbike,” the accused said.

The prosecution offered no further questions and Mr McPhee did not re-examine his client.

However, the jury had two questions for the accused. They wanted to know if Stubbs was right or left handed and his height.

Stubbs answered that he was right handed and he was 6’2” tall.

The trial resumes today at 1:30pm with closing addresses from counsel in the case. The jury will deliberate on their verdict Monday, November 19, after Justice Indra Charles summarizes the evidence of the week-long trial.