Businessman Patrick Powell yesterday begged for mercy in the Kingston and St Andrew Parish Court after insisting that he had not refused to turn over his licensed Glock pistol to police, but was merely exercising his constitutional right to freedom.
Powell, who is on trial for allegedly failing to turn over his licensed firearm to investigators who were probing the shooting death of Kingston College student Khajeel Mais in July 2011, yesterday gave an unsworn statement from the prisoner’s dock before presiding Judge Vaughn Smith.
“My lord, this is your courtroom, you are god in here, may you have mercy,” he said at the end of his statement in the presence of Khajeel’s father.
Superintendent of Police Clive Walker, who had charged Powell in July 2011, previously told the court that he had asked the defendant on three occasions to turn over his weapon and offered to help him retrieve the gun, but Powell kept silent for the most part, and would only say that he needed to consult with his lawyer.
However, Powell testified that he was cautioned by the police to remain silent and that the police, along with the director of public prosecutions, had both made public statements saying that he had the right to remain silent. Powell also testified that he did not want to say something that could be used against him in the Home Circuit Court.
“In 2011, I never refused to turn over my firearm for inspection because I was in custody and have the right to remain silent, your honour.
“Knowing that this matter was under investigation, I exercised my constitutional right to remain silent. All I did was to insist that whenever I was being questioned by the police that my lawyer was present,” he said.
According to Powell, he was in the United States when a relative contacted him and told him that police officers raided his home and that he was the main suspect in Khajeel’s death.
As a result, he said he asked his family to contact his attorney, Queen’s Counsel Patrick Atkinson, and made preparations to willingly return to Jamaica and surrender.
“Knowing that I was going to be in custody, I attired in no [shoe] lace, no belt, the only thing I had on me were my travel documents,” Powell added while explaining that he was arrested on his arrival at the Norman Manley International Airport in Kingston.
Deputy Superintendent of Police (DSP) Bertland Reynolds, who had led the raid, testified that more than 25 police officers had searched Powell’s home and had detained his two children, his common-law wife and others, some of whom he said were later released while others remained in custody in relation to another matter.
The DSP also told the court that the police went in search of a firearm and a motor vehicle but only found the vehicle.
Meanwhile, Detective Inspector Frank Buchanan testified that when he cautioned Powell while he was in custody at the then Major Investigation Task Force, Powell told him: “Mi lawyer say mi nuh fi say anything but mi name.”
He also told the court that when Superintendent Walker had served the notice on Powell, he said: “I will comply when my lawyer is present.”
However, Powell testified that he was never served a notice and that he first saw the notice during Mais’ murder trial last year.
Following Buchanan’s testimony, the defence closed its case and will make their final submissions on June 28, along with the prosecution, when the trial resumes.
Powell’s bail was extended.
Di man a hail di judge a god of the courtroom: “My lord, this is your courtroom, you are god in here, may you have mercy,” he said at the end of his statement in the presence of Khajeel’s father.”
Him may be Wicked but also smart
U have to address judges that way in supreme court my lord for men and my lady for females
Be merciful, even as your Father is merciful. “Judge not, and you will not be judged; condemn not, and you will not be condemned; forgive, and you will be forgiven;
A don’t know why them waste all this money Taking this man to court……by all standards he is untouchable in court, and even if he is convicted the fine is so miniscule like that four hundred dollars a gudly whey him give way a day time to the street wipers……….Jamaica Jamaica a weep fi mi country…….,