Lead prosecutor Jeremy Taylor – on his feet. If a sentence does not make sense, it may be my error in forcing my fingers to keep apace with the normal speech of the prosecutor delivered in real time. Mr. Taylor begins his submission after the lunch hour immediately after Tom Tavares Finson completes his.
Madam Foreman and your members.
I apologize to you for having me to listen for the rest of the day.
Again I apologize as I can’t give you voice variation. I don’t have the talent of mimicry. I can’t round up my mouth and say ‘Ahha Wallah hah!’
(Taylor ridicule of Tavares Finson’s histrionics is met with laughter by all in the courtroom)
I urge you madam foreman if you feel sleepy don’t fall asleep when I go on and on. My friend said I will address you for 3 days perhaps he’s hacked into my phone. But hacking is not new in this trial.
(Taylor opens with a bang as the courtroom laughs with him – a smile has already popped from the face of the judge twice – Taylor humour)
I thank you. You have been patient. You have endured. From the legal points and arguments you may have wondered a number of things. Some of you are self employed and have had to take care of your own affairs and do justice. Much of the case has been technical. It has been technical, boring. Some of you may have rested your head back on the hard bench and fallen asleep in the back. I felt that way at times but couldn’t as it would not look appropriate.
But this is no benchmark case. The only thing that makes this a benchmark is that we have been sitting a tough benches for months.
(Taylor is at his wittiest best – taking jabs at Tavares Finson and being read appropriate by the court including the jury).
This is a simple case. This case had technical issues, handwriting, viva voce evidence which means – witness came and described what he saw.But it’s not benchmark case.
In all of excoriating of my friend, he never once mentioned the name Clive Williams. (slight murmur in the court when this is said)
There’s another person in this matter – Clive Williams a name Mr. Finson never once mentioned in his address.
(Mr. Taylor asks for a picture of Clive Williams to be circulated in the jury box and then continues)
Mr. foreman and your members, I have circulated that picture so that you don’t forget that there’s a real person at the base and foundation of this trial. While the accused Palmer, – have been free to make their case for their innocence in another trial one that took place 16 Aug 2011, Clive Lloyd Williams otherwise called Lizard was not given that opportunity. There we allege Adidja Palmer was judge, jury and executioner of Clive Williams. And he comes here invoking notions of justice and fairness that Clive Williams didn’t get on August 16, 2011.
(Another item is circulated in the jury box. This time, letter purportedly written by Lamar Chow. Mr. Taylor says he will come back to that. He continues)
You don’t need to agree with me on submissions I make but I am duty bound to put them to you.
There is a limitation – equality of arms – ethics of profession says we are to approach our job in a measured fashion. We can’t get emotional nor get invested in the trial. At no time will you hear me ask you to convict the accused. This is because prosecutors are not invested in the outcome. I can put the evidence before you and ask for you to be bound by your oath. But myself and Mr. Morris can’t do that.
We can’t be emotional about any case we prosecute because you may get emotional and convict based on the emotions and that would be wrong. So you won’t see this.The ethics of the case demand that I do not.
Third thing – whereas my friend can speak and accuse persons of being corrupt, incompetent and part of conspiracy. I can’t do that. If I were to do that and secure convictions it may be overturned on appeal But I asked for same the attention you gave to him.
In this case Madam Foreman and Members of the Jury – I am going to be asking you to decide the case purely on evidence not on the basis of prejudice or bias that you may have – none to the accused neither prejudice to prosecution case. Decide dispassionately based on the evidence.
Mr. Palmer has put his appearance in issue. The first time that came into issue was when he rose to give his statement from dock which is not evidence. But it fits into direction which the judge will give. What he describes as his bleaching and tattooing are irrelevant. Some of you may have thought he was emotionally overcome when he gave statement from the dock which is not evidence. His voice may have cracked, he pointed to grand mother and other members of his family, that is not to sway you.
But if you bring emotion here, I will bring emotion of the sister of Clive Williams, Stephanie Brackenridge who broke down and wept so much that Rogers had to end his cross examination. But you cannot bring that into it.
When all is said and done Mr Palmer’s family knows where to find him. They can still see him. They can bring toothpaste for his. They can bring boxers for him. He can still see them. But where is Clive Williams. Is he chopped up fine fine so no one can see him. Is he mince meat. Did his sister get a chance to church his body. To this day he has not been seen nor heard from.
When you compare those 2 emotions it’s easy to get lost and sidetracked.
Questions of fact – whether Stephanie Brackenridge has seen her brother. She reported him missing at Waterford Police Station.
The letter you just read, th last sentence seemed to have been tacked on as an afterthought. ‘The reason why I Don’t want to come to court is because I see Clive after that’
The writer hasn’t even put a date although he has included a date in the letter itself.
So is Clive Willaims chopped up fine fine …is he mince meat or is he still alive. That is the first issue in this case. You must determine whether you find as a question of fact whether Clive Williams is alive. If you decide he’s alive, the case is done.
Is Clive Williams still alive – if evidence satisfies you that he’s dead move on to ask if Palmer, Campbell, Jones, Williams and St. John are guilty of causing his death.
In determining that you must consider the case of all 5 separately – you can’t jumble dem up – you can’t say if Palmer is guilty all are guilty …you must look at the evidence of all separately.
Certain aspects of evidence when do not touch and concern some of these accused. For example the evidence about Shane Williams – Whether it’s Williams Shane in the video having discussion about killing somebody; in relation to Jones – contained in evidence of. Chow is information that when he went to Swallowfield, Jones was there.
With Campbell and Palmer, the evidence runs the full spectrum from Chow to the technical evidence. Those two cross a broad spectrum. The evidence not as narrow or focused.
End of first day of submissions….Taylor to continue
Prosecution’s closing speech – #KartelMurderTrial