Attorneys for defendants Patrick
McField, Osbourne Douglas and Brandon Leslie Ebanks told the jury this week
that the Crown had failed to prove the men murdered Omar Barton Samuels on the
night of 4 July, 2009.
Trevor Burke QC, instructed by
Attorney Ben Tonner for McField, told jurors there were only two facts they
could be sure of: that sometime between 12.30am and 1am, Mr.Samuels was shot in
the leg and subsequently died after collapsing in McField Lane in George Town.
The defendants were placed at the
scene by two teenage girls, whose evidence Mr. Burke described as hotly
disputed and highly controversial. One said Douglas and Ebanks kicked and
punched Mr. Samuels, but the pathologist who examined the body did not find
evidence he had been beaten.
The girls said Douglas and Ebanks
had guns and that 13 shots were fired. Witnesses in the McField Lane area said they heard five or
eight shots. Scenes of Crime Officer Zoan Marin collected five casings, and
firearm examiner Allen Greenspan said they were all fired from the same gun.
Mr. Burke pointed out that no gun
was ever recovered, even though there was evidence that Mr. Samuels had been
Witness Marcus Manderson told the
court that Mr. Samuels had told him “Martin” shot him and took his gun. Mr.
Manderson could never have guessed that Martin’s palm print would be found on
the wheel arch of a car parked near where the bullet casings were found, Mr.
Burke said. Then, by staggering coincidence, the attorney submitted, Martin was
the boyfriend of one of the eyewitnesses. Martin “looms large in this case and
cannot be dismissed,” he said. McField’s photo was not recognised by the second
eyewitness, he pointed out. McField had
said in an interview he was out that night celebrating his birthday. There was
no record of McField making any contact with Douglas or Ebanks.
There was a period when he clearly
was in the vicinity of his own home on Martin Drive as he travelled from Peppers
nightclub to his cousin’s home in Randyke
Gardens, Mr. Burke said.
Alistair Malcolm QC, instructed by Attorney Clyde Allen, pointed out that only
one of the two girls had put Douglas at the
scene of the shooting, and she was not supported by any other evidence. She had
said she could see the front part of his face and his eyes, but then accepted
he was wearing a scarf around his head. She told the court she recognised his
voice, but had not said that before. She did not know him well, the scarf would
have muffled his voice and music was playing in the neighbourhood.
Nicholas Rhodes QC, instructed by
Attorney Nicholas Dixey, pointed to Ebanks’ alibi and his two witnesses. He
suggested the girls could have seen someone who looked like Ebanks. He knew the
other men, but the Crown had failed to show any association with them, Mr.