The Tribune

By FARRAH JOHNSON

Tribune Staff Reporter

fjohnson@tribunemedia.net

THE lawyer for a Royal Bahamas Defence Force officer accused of murder said the prosecution’s case was not fully investigated and that his client, who has maintained his innocence, had nothing to hide.

However. the prosecution countered that the defence had not provided sufficient information to prove the accused’s alibi, adding the officer had “motive” and a bad temper.

The remarks came as a jury listened to three hours of closing arguments from the prosecution and defence counsel yesterday on whether Able Seaman Jevon Seymour was the assailant who fatally shot another marine in a guardroom at Government House in 2019.

The eight-member panel is expected to deliberate on the issue next week. This comes after over two weeks of evidence concerning the April 28, 2019, shooting death of Petty Officer Percival Perpall.

Seymour is on trial before Senior Justice Bernard Turner for the murder as well as the attempted murders of Marine Seamen Calvin Hanna and Ellis Rahming.

Yesterday Murrio Ducille, lawyer for the accused, told the jurors they were the “judges of the facts” who had the task of deciding who was telling the truth.

Mr Ducille argued that the “case was not fully investigated” and claimed the prosecution “haven’t even started to investigate the matter properly”.

He also noted that when Sergeant Sherwin Braynen gave evidence, the officer stated that two people were in custody in relation to the offence at the time of the incident.

“If they were so sure it was Seymour, why would they have two persons in custody after Hanna had told them it was Seymour?” he asked. “Obviously, they did not believe Hanna.”

Mr Ducille further contended that the 12-man photo line-up from which witnesses had identified Seymour was “unfair”, because it only showed the faces of the suspects and not the height, build, or weight of any of the men included in the gallery.

During his testimony, Marine Hanna said he threw himself behind an office desk when the assailant stood in the doorway of the guardroom and began firing.

Referring to the photo of the office desk that was exhibited during the trial, Mr Ducille said he found it interesting how the desk Marine Hanna claimed to jump behind “did not appear to be disturbed.”

He added that Seymour chose to take the stand because he had “absolutely nothing to hide”. Mr Ducille also argued that the four witnesses who gave evidence on the accused’s behalf also “corroborated” his testimony.

“You have heard the evidence and facts,” Mr Ducille said. “In as much as the case spanned over two to three weeks, (it is) still fresh in your minds. I’m asking you to return a true verdict according to the evidence you heard from the witness box.

“. . .(There is) only one sensible verdict you can return and that is not guilty,” Mr Ducillle said.

In his closing arguments, prosecutor Terry Archer asserted the defence had “failed” at their job. He noted the Crown called 22 witnesses who all had statements or reports that were handed to the defence from July 2019.

Mr Archer said the first time the prosecution heard of two of Seymour’s witnesses were when they entered the witness box during trial.

“For 730 days we never got these alibi noises, but my witnesses wrote down every document that was produced in court from reports, exhibits, statements and photos,” he said.

“We have nothing to hide but (Petty Officer Atama) Bowe was his friend and fellow defence force officer. Don’t you think (Seymour) would have known from then that Bowe could testify on his behalf? He never once mentioned defence force Officer Bowe (and) he never once said he had this (other) witness from the Valley Boy Party at The Farm.”

Mr Archer also questioned why Seymour’s counsel never produced the camera footage the accused claimed to have as proof of his whereabouts on the morning in question.

“If someone accused you of murder and you are innocent why woudn’t you turn that over?” he asked the jurors.

“...They want you to believe their story, but it doesn’t add up. The main person who (Seymour) told police he was with never came and the (other) witnesses were hostile and raised their voices no matter what question was asked. “(That’s) because they are the accused’s friends. They already got together and discussed what they were going to do.”

Stating that there was also “evidence of bad blood” between Seymour and PO Perpall, Mr Archer reminded the jury that “shortly after” the petty officer returned from assignment in Ragged Island, he was dead.

During the trial, Seymour denied being angry with Petty Officer Perpall, his superior, for reporting him absent without leave (AWOL). Seymour had been deployed to Ragged Island earlier in 2019 with the deceased officer.

“(Seymour) had motive, opportunity and certainly a bad temper,” Mr Archer insisted.

“...A father died on April 28, 2019. This is a serious matter...people are usually killed by people who know them. We don’t know the emotions of humans.”

The jurors will deliberate after Senior Justice Bernard Turner’s summation of the case on June 29.