The Tribune

By LAMECH JOHNSON
Tribune Staff Reporter

ljohnson@tribunemedia.net

A TRIBUNE photographer was the only defence witness in the case of a man accused of the Halloween night shooting of two Atlantis security guards at Marina Village.

Clarence Smith, 22, through his attorney Murrio Ducille, called photographer Felipe Major - who took a photo of him the day he was arraigned in connection with the case.
Smith, of Dolphin Drive, faces two charges of attempted murder.

It was claimed that on October 31, 2009, he tried to kill Dwayne De Costa, 46, and 33-year-old Troy Feaste.

He has denied the charges.
His former co-accused Bashard Seymour was yesterday acquitted of the same charges when Senior Justice Jon Isaacs directed the jury to deliver a 9-0 not guilty verdict.


Justice Isaacs told Smith of his rights to either remain where he was in the prisoner’s dock and remain silent, or testify under oath.


The accused opted to remain silent as Mr Ducille told the jury that while the shooting was unfortunate, there was no evidence before the court to convict his client.


“This case leads up to identification,” the attorney told the jury.
The attorney recalled the evidence of three or more prosecution witnesses where each of them testified that his client’s hair was either in plaits, corn rowed, braided or twined.

Following his opening remarks, Mr Ducille called for Felipe Major to take the witness stand. Mr Major is a photographer with the Tribune.

“Do you recall the 3rd of November 2009?” the attorney asked Major.

“Yes. I had an assignment to do, to go to court to take a photograph,” he said.
“Do you know what photo you came to take?” Mr Ducille asked.

“At the time no. We were trying to get information about what was happening,” said Mr Major.

“Do you know in which court this took place?” said Ducille.
“It was Court No 1, Bank Lane,” said Mr Major.
Mr Ducille asked if he recalled who he had taken photos of at court.

“I remember one of them being a minor,” said Mr Major, adding that there were two accused - an adult and a minor.

“What happened after that?” the attorney asked.
Mr Major said he went back to the office, chose the best photo from the selection that he took and put it into the office’s system.

It appeared in the next day’s paper.

Mr Major produced a front-page copy of the November 4, 2009 edition of The Tribune which showed the images he took in relation to the case.

Mr Ducille asked the photographer if he was able to describe the hairstyle of the minor at the time of the arraignment.

Mr Major said that he could not because the minor’s face was covered most of the time.

With respect to Smith, the adult in the photo, Ducille asked the witness: “You see any braid or corn rows?”
“No,” said Mr Major.

“You see any twines?” the attorney asked.

“No sir,” Major answered.
Jillian Williams, prosecuting, cross-examined the photographer and asked him if he had a photo of Smith for October 31, 2009.

“No ma’am,” the photographer answered.

“Do you have any for November 1 or 2 she said.

The photographer shook his head and said no.

“In fact, you are not familiar with his hair style in 2008?” the prosecutor asked.

“No” Major answered.

In re-examination, Mr Ducille said: “As a photographer, you take, or took, what you see, sir?”

“Yes,” said Mr Major.
The trial resumes today with closing submissions.