ATTORNEY-AT-LAW Mr Compton Richardson, Defence Counsel for Gerald Alonzo, one of the policemen charged with the Yohance Douglas murder, yesterday began making no-case submissions.
The other lawyer commenced his arguments after one of the recalled witnesses, O’Neil King was further cross-examined by Senior Counsel Bernard De Santos, representing co-accused Mahendra Baijnauth.
State Counsel Jo-Ann Barlow from the Chambers of the Director of Public Prosecutions (DPP) declined to re-examine King and closed her case after leading 18 witnesses since the preliminary inquiry (PI) started on May 20, 2003.
The two cops were charged with the unlawful killing of University of Guyana (UG) student Douglas in a bizarre shooting incident on Sheriff Street, Georgetown, last year March 1.
Richardson submitted to Acting Chief Magistrate Juliet Holder-Allen that the testimony adduced has “fundamental weaknesses” and is quite insufficient to make a case against Alonzo.
Richardson said there is no evidence that suggests the fatal bullet was discharged by Alonzo, although the latter admitted discharging ten rounds from the M-70 rifle with which he was issued.
Defence Counsel contended that none of the rounds fired hit the victim or the car in which he was travelling.
Richardson said, though there is evidence to suggest the fatal wound was caused by a gunshot, parts of the ammunition submitted for examination did not match Alonzo’s weapon and ballistic analysis failed to establish whether the bullet came from it and the Prosecution has not indicated from where the round was fired.
Richarson also said, while there is evidence suggesting the fatal shot was fired from behind, it could not have been by Alonzo, because all his rounds were discharged at the wheels of the ill-fated vehicle.
Defence Counsel said, too, that no evidence was presented to prove Alonzo was the only person firing from that position.
Dealing with identification, Richardson said one witness, Quacy
Heywood fingered a “red skinned guy with a handgun” who has not been identified as a member of the Police patrol implicated in the March 1 shooting.
The lawyer said, as the Prosecution placed a third person in the picture, it was, therefore, duty bound to produce proof that his weapon did not fire the fatal shot.
Richardson said the fired bullets were either from the guns of Alonzo and Baijnauth or the still unidentified “red skinned man” of whom one witness spoke.
Richardson said, assuming but not admitting that the deadly shot was fired by Alonzo, he should be charged with the lesser count of manslaughter and not the capital offence, because he fired at the wheels of the vehicle and not the occupants with the intention of harming or killing anyone.
The lawyer will continue his arguments on February 17.