‘Be fair to Garvin’ defence counsel begged jurors

first_img Share 32 Views   one comment Share Court gavel.Defence counsel Wayne Norde who represents Garvin George begged jurors to “be fair to Gavin” when the trial resumed on Thursday morning at the High Court of Justice.It is the prosecution’s contention that Garvin George fatally stabbed Julien Junior Joseph of Vieille Case with a scissors in Calibishie on February 5th, 2010.The state through the Director of Public Prosecutions, Gene Pestaina called eight witnesses on Wednesday, leading evidence that George confronted Joseph about an issue with a villager’s daughter and a fight ensued.One other witness who allegedly separated the fight, Yolanda “Binky” Carbon who testified for the state during the preliminary investigation and the first trial at the High Court last year, failed to attend Court on Thursday.Police constable Alvin Bazil who is attached to the office of the DPP and responsible for serving witnesses with summons to attend Court, explained to the Court that he had made several attempts to locate the witness.According to him, he went to Calibishie twice where he found her mother and sister, he visited the Calibishie Police Station where he sought assistance from these officers, visited the villages of Mahaut, Trafalgar and Jimmit where he was told she lived but these efforts were futile. The state then closed its case as Carbon was unavailable to testify.For the defence, the Defendant then chose to give an unsworn statement from the dock in which he explained that on Friday February 5th, 2010 he was “sitting by himself when Junior came and we were talking about Neefia’s daughter. He became offended and came up to my face. He had a scissors in his hand, I asked him to take it easy. He jack me, I jack him back then we began wrestling and we end up in a neighbor’s yard. In wrestling I managed to get the scissors from him and I made a wild blow defending myself. While doing so the scissors fell. He gave me a punch in my jaw. When my cousin Anderson see that he came and separated us and Junior left. I was unaware of his condition; I had no intentions of causing any harm to Junior. I was only defending myself on that day and I am very sorry for the loss of Junior. I had no intentions. I’m very sorry.”In his closing arguments, Pestaina told the jurors that they “cannot believe” the defendant’s version of self defence as he was the one who provoked Joseph when he confronted him, and pursued him even after Joseph ran away in an attempt “to avoid him”.“Self defence is very easy to say but it must make sense and it must not dwivay,” Pestaina told the jurors.“If you believe your life was in danger then you must defend yourself against an attack, but to provoke someone and then attack them cannot be self defence,” Pestaina further explained. According to him the defendant “must have loosed his cool” and the force he used against Joseph was “unlawful, unreasonable and unacceptable”.He argued further that the defence sought to make Joseph seem like a “bare back, tattoo bearing vieux negre with earrings and riding motorcycle and he deserved to die but the person who killed him was a nice fella. That’s not correct.”Norde on the other hand urged the jurors that they should “be fair” to Garvin as the investigating officer and the state failed to do so.He told them that Garvin had “nothing to prove to you” as it is the duty of the prosecution to convince you that he killed Joseph.“Make the determination on the evidence, be brave, you have to feel good about yourself, your conscience has to be clear,” Norde urged the jurors.According to him the only witness of the state who saw what happened Clement George, supported their argument that Garvin was defending himself as Joseph “struck the first blow”.He admitted that his client confronted Joseph but that his client was not the one who hit him first.“He [Joseph] jacked him, he kicked him and he [Garvin] defended himself, we are strongly contesting that Garvin was defending himself”.Norde explained to the jurors that it was his client’s “constitutional right” to choose to give an unsworn statement and this should not be taken away from him.“This case is full of holes; big carnival weekend at Toga’s Bar a popular place in Calibishie and the prosecutor brings one witness but want you to make inferences? This is a serious case; it’s not a joke. Take your time and consider the evidence and come back with a fair verdict that is not guilty, consider that Garvin was defending himself,” Norde concluded.Justice Brian Cottle will give directions to the jury when court resumes on Friday.Dominica Vibes News Sharecenter_img LocalNews ‘Be fair to Garvin’ defence counsel begged jurors by: – May 31, 2012 Sharing is caring! Tweetlast_img

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