Lawyer going to Supreme Court after lengthy discourse fails to budge RM in Port Maria
The court has one again turned down a bail application by attorney Oswest Senior Smith on behalf of his client, Constable Fabian Henry, the policeman charged for the murder of St Mary musician Anthony Hudson. Also charged with the cop are: 23-year-old Neville Anderson and his 53-year-old father, Franklyn Anderson for the murder of 25-year-old Anthony Hudson. The Anderson’s are represented by Dane Marsh. Hudson, 25 of Zion Hill, Richmond disappeared from his home January and was found dead weeks later. Investigators had arrested and charged the three and said they were seeking a fourth man, even before Hudson’s body was found by his mother and a search team she had organized When the matter was called up in court on Thursday, July 17, Mr Senior Smith indicated that the defense did not have a solid case against his client as statements made by one of the co-accused has exculpated Henry from involvement in the case. It is said that one of the Andersons told police Henry was not involved. Smith told the court that circumstances “have fundamentally and materially changed from the statement of the accused.” The attorney said that the witness statements that the defense is relying on are not conclusive as the chief witness is not an eyewitness but an ‘earwitness.’ “On one had there is that witness who is making a claim to say that he is not an eyewitness but an ‘earwitness’… he is said to have seen a certain number to include Mr Henry, but the prosecution is now better aided by an eyewitness and the eyewitness is provisioning material which is exculpatory as it concerns Mr Henry”
NOT INVOLVED
This eyewitness that is providing substantial evidence to exclude Henry is said to be Neville Anderson, who is said to have furnished the police with a statement while he was in custody to say Henry was not involved in the death of Hudson. Smith said that such a statement is disparaging the credibility of the ‘earwitness.’ Smith also said that one reason for the statement of the ‘earwitness’ might have been rumors he was hearing in the public that Henry was in a relationship with his spouse. Smith said this was according to a statement tendered by the spouse of the main ‘earwitness’, Henry had been calling her on an unknown number, seeking favors. Smith said: “A man needs no better reason to tell a lie on another man than the fact that this man is attempting to get involved with the person he sees as his woman.” In his near forty-five minutes bail application, Smith said that the situation had been turned on its head as far as the prosecution’s case concerning Henry was concerned. He also said that the prosecution had gone further to assist the court by presenting evidence to underscore that his client was not present at the scene of the murder. He indicated that his client was of an impeccable character as he is a lecturer at the police staff college and is in a sedentary, stable relationship. He indicated that Henry would not abscond bail and would welcome all the conditions placed on him.
Marsh, in making the application on behalf of Franklyn Anderson said that the two witnesses that said they were on the scene of the incident each gave conflicting reports as it regards the senior Anderson, with one saying he was there and the other stating he was not present. “The Crown is in a complete quandary as the two statements go in different directions,” Marsh said. The court file is incomplete as an original post mortem report was not present and also absent are the cyber crime report and scene of crime report. As it relates to the cyber crime report, this was the document that was requested from the police on the last mentioning of the case on June 30. The investigating officer (IO) indicated that he had received a document from cyber crime unit but “unfortunately it is not an official report.” This unofficial report was not taken to court by the IO and was said to be in the registry at the Port Maria Police station. A cyber crime report was requested after police said that two Nokia phones were found in the Annotto Bay lockup where one of the accused, Neville Anderson was staying RM Miller, in denying bail, never gave reasons as to why such an action was taken but indicated to the court that she would provide these reasons when the matter is mentioned in the Supreme Court. The men are all before the court for the murder of Anthony Hudson. Hudson went missing on January 25 this year. The Times reported that it was believed that Hudson was killed over an illegal gun that he had not been able to account for. Hudson was said to be killed in the Esher area in the parish and that the three men, including the cop were involved. The body was found in a gully about 100 yards behind the house of two of the men who are among the three charged. The men have been in custody since March. They are expected to return to court on Thursday, September 4.
