By LAMECH JOHNSON
Tribune Staff Reporter
ljohnson@tribunemedia.net
A LAWYER yesterday raised concern over the contents of an indictment Crown prosecutors intend to use in fast-tracking the murder case of her clients to the Supreme Court for trial.
Krysta Mason-Smith represents Dwayne and Samuel Heastie who each face a murder charge in the September 18 fatal shooting of Richmond Jean at the exclusive Palm Cay community.
Samuel Heastie did not appear before Chief Magistrate Joyann Ferguson-Pratt for the rescheduled presentation of a voluntary bill of indictment (VBI), as a letter was sent to the court noting that he had been moved to the Sandilands Rehabilitation Centre on Monday evening.
Ms Mason-Smith, when presented with the VBIs for her clients by police prosecutor ASP Clifford Daxon, questioned why the indictment did not contain statements and/or reports of at least four witnesses listed on the back of the information presented to the legal team for the accused men.
She submitted that unless the prosecution had instructions to delete those names from the VBI then it was not ready for service to her clients who have a legal right to be able to make a case against the allegations.
The court agreed with the submission.
The attorney, however, took further issue with the second non-appearance of a representative from the Office of the Attorney General who failed to respond to her letter calling for a proper and thorough review of the charges.
The chief magistrate adjourned the matter to November 24 for a status hearing.
On September 21, the Heasties were charged with murder, possession of an unlicensed shotgun and possession of ammunition.
It is alleged that the pair, concerned together, intentionally caused the death of Richmond.
It is further alleged that they were in possession of an unlicensed 12-guage shotgun and six shotgun shells for the weapon, neither of which were they legally authorised to possess.
They will not be allowed to enter a plea to the charges until they are formally arraigned in the Supreme Court. They are currently in custody.
According to initial police reports, shortly after 11.30am on the day in question, two men were involved in an argument at the exclusive community off Yamacraw Road that resulted in one being shot with a shotgun.
Richmond died at the scene after being shot in the head.
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