Prosecutors are not proceeding with a case against Ezekiel Carter, who was scheduled to stand trial for murder and attempted murder later this month in relation to a shooting at Vic’s Bar, due to a lack of identification evidence.
Carter, 36, of Bodden Town had been charged with one count of murder, six counts of attempted murder and one count of possession of an unlicensed firearm. In July he pleaded not guilty to all the charges and a two-week jury trial was set for this month.
However, during a brief appearance before the Grand Court earlier today, 25 Nov., the Crown said it would not be proceeding with the charges against him.
“The Crown’s case relied primarily on the identification of the defendant from the CCTV footage by his hands,” said Acting Director of Public Prosecutions Candia James-Malcolm, who told the Cayman Compass in an email that a key witness indicated the shooter’s thumbs were very distinctive.
James-Malcolm added, “We consulted with an orthopaedic expert who advised by way of a written report received yesterday that this particular feature of the defendant’s hand known as hitchhiker’s thumb was not sufficiently rare in the population to be a uniquely identifying feature.
“In the circumstances, the matter was reviewed and a nolle prosequi [Latin for ‘not willing to proceed’] was entered, discontinuing all charges against the defendant in relation to this incident.”
Hitchhiker’s thumb refers to a hyper flexible thumb that is able to bend backward beyond the normal range of motion.
The charge stems from a deadly shooting on 9 July at Vic’s Bar on Seymour Drive, George Town, during which Wayne McLean was killed and five other people were wounded.
James-Malcolm told the Compass that investigations are ongoing, and although the Crown entered a nolle prosequi, it does not prevent prosecutors from initiating future proceedings against Carter “should new or additional evidence come to light”.
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And no one in the bar was able to identify the murderer either, whoever he may be?