Duppy told man
THE year was 1962. It was the year that many Jamaicans were thinking about the enormity of what an independent Jamaica would mean for this island nation of ours, having been under British rule since 1655.
The murder trial about which I will report, occurred in February 1962, but the murder itself actually took place in September of 1961, when 28-year-old Jacob Platt, a gardener employed at Hope Botanical Gardens, was alleged to have stabbed his former paramour to death.
After killing Enez Brown, 25-year-old household help of 25 Grants Pen Road, St Andrew, Platt was caught some 48 hours later, “napping” in a hut in the district of Constitution Hill in the hills of St Andrew, it was further alleged. He was charged with Brown’s murder by the late Det Sgt LT Sweetland of the Half-Way-Tree CID.
At a trial in the No 1 Home Circuit Court beginning on February 6, 1962, the Crown – represented by Crown Counsel GM Vanderpump, late judge of the Supreme Court, alleged that on the early morning of September 24, 1961, Platt used an ice pick to stab Brown fatally.
Neighbours rushed to the scene after an alarm was raised by the 11-year-old son of the deceased, who was said to be sleeping on the same bed as his mother at the time of the incident. Platt then fled the scene, the Crown alleged.
Platt was defended by the late attorney Anthony “Tony” Spaulding, QC, the former Housing Minister in the Michael Manley led PNP government of 1972. The trial was presided over by the late Justice Ronald Small (later Sr Puisne Judge).
The court heard from Wilberforce Brown, a mason of Grants Pen Road in St Andrew, and brother of the deceased woman who testified that his sister and Platt had lived together both before and after Platt went to England in 1960. He said he was called to his sister’s home on two occasions. The first was in early September, 1961, by his nephew, then an 11-year-old school boy, who fetched him because of a quarrel between Platt and his mother. Witness said he told Platt to leave the place and he did.
On the second occasion, September 24, witness told the court, he found the body of his sister lying on the floor of her room at about 3:00 am. She appeared to be dead.
The dead woman’s son told the judge and jury that he was awakened by a quarrel between his mother and the accused on September 24. He said he saw the accused “sticking” his mother with an ice pick which he was holding in his left hand. The accused ran outside after he, the boy, struck him with a chair
three times.
Dr Harrihar Pershadsingh, medical officer for lower St Andrew, told of finding three wounds on Brown’s body. Death was due to haemorrhage. He said that almost “maniacal” force must have been used to inflict the wounds. One of the wounds could have been caused by a clothes iron, and the other two by an ice pick.
The nine-year-old daughter of the deceased woman, said she woke and saw her mother and Platt fighting. Platt had a knife in his left hand and an ice pick in his right hand. She said she saw the accused stab her mother twice.
Ivy Meikle, dressmaker, also of 25 Grants Pen Road, told of being awakened by screams from the deceased woman. Witness said she had occupied an adjoining room.
Late Det Cpl Sylvester Tulloch (later Deputy Supt) of the Half-Way-Tree police station said that after receiving a report he went to the house at Grants Pen Road, where he saw Brown’s body lying on the floor. She appeared to be dead and he took her to the Kingston Public Hospital. He said he searched the room for a weapon but found none.
Det A/Cpl Isadore “Dick” Hibbert ( later ACP i/c crime) also of the Half-Way-Tree police, said he found Platt sleeping in a hut at Constitution Hill, St Andrew on September 25. He said he took Platt to the Half-Way-Tree police station where Platt was arrested by Det Sgt LT Sweetland who also gave evidence.
Attorney Spaulding, in opening the case for the defence, said he would call medical witnesses to prove diminished responsibility and that the accused was suffering from a psychosomatic condition.
In an unsworn statement from the dock, Platt told the court that he had known Brown for about three years. He said he went to England but got sick there and went to the doctor about eight times. His trouble was diagnosed as a neurosis and he returned to Jamaica. He sought treatment at the University College Hospital and the Kingston Public Hospital several times.
He then related what he said took place that night.
He said that he was lying down in bed with Brown when she suddenly attacked him with a penknife.
“On that Saturday night me and Brown had a fuss. I was lying down and she rushed at me with a penknife. I took it from her and it seemed that someone was stabbing her. I then realised that it was myself and I bawled out and ran outside. A crowd gathered, some with sticks, and I became afraid and went away,” he told the court.
Called by the defence, John Norris, casualty officer at University College Hospital said he saw Platt at the hospital the day before the “trouble”. Platt complained of pain in the chest, weakness and loss of weight. Platt had visited the hospital on five or six previous occasions. He diagnosed nothing organically wrong and formed the opinion that he was suffering from a psychosomatic condition.
At the end of the prosecution’s case, the defence called Dr Royes O Cooke, senior medical officer at the Bellevue Hospital in Kingston and Dr Kenneth Royes, psychiatric specialist (both now deceased).
Dr Cooke, having examined him prior to trial, testified that Platt was suffering from neurosis with excessive compulsive features. He said that as far as he was concerned, all the neuroses were diseases of the mind.
Dr Royes described Platt as having obsessional beliefs and convictions, eg “that spirits or ‘duppies’ were pursuing and injuring him”.
Dr Royes said he saw Platt on two occasions and had formed the opinion that he was suffering from a neurotic condition which was associated with physical complaints and that he also suffered from an intense obsessional idea that he was being influenced or injured by some supernatural influence. He was likely to experience a sense of depression and a desire to rid himself of the condition. Hence his frequent visits to hospitals.
Dr Royes said that at certain times the judgement of the accused would be distorted because of his obsessional neurosis, and he had visited an obeah man on at least one occasion after returning to Jamaica from England. There was a “very thin difference” between Platt’s obsessions and a true delusion, said Dr Royes.
He described Platt’s condition as a true mental disability which would cause him not to be responsible for his actions at times. His measurement of responsibility under severe stress would certainly be diminished.
In response to Crown Counsel Vanderpump, Dr Royes said he regarded Platt’s conduct as being that of an individual suffering from a neurotic disorder with strong obsessional tendencies which tended to interfere with his judgement and, therefore, with his responsibility at certain times.
Addressing the jury for the defence, attorney Spaulding said there was some discrepancy in the evidence of the 11-year-old son of the deceased woman. He said that there was no intention to kill on the part of the accused, and this was shown by the fact that he had removed his shoes and shirt before going to bed with the deceased. The window through which it was suggested he had gained ingress may have been opened for the purpose of ventilation.
Spaulding suggested that it was possible that the two child-witnesses had been tampered with. He asked the 12-man jury to return a verdict of not guilty of murder and if they found that the medical evidence was reliable, the most they could return, was a verdict of guilty
of manslaughter.
Addressing the jury, Crown Counsel Vanderpump said that when Platt was arrested and cautioned, he admitted killing Brown with something like an ice pick. He had shown a clear recollection of what he had done. He had said he intended to kill her and he had done so. The shoes and shirt might well have been in the house concerned for sometime before the night in question and there was nothing unusual about them.
He further suggested that there was nothing in the demeanour of the two child witnesses to suggest that they had been tampered with and with regard to the medical evidence, he felt grateful to the defence for calling Dr Royes because he had supported the Crown’s case. He described the medical evidence as conflicting.
After the verdict was returned by the jury, defence counsel Spaulding, in his address to the judge, said: “Having regard to the findings of the jury, one is tempted to say that if it were not for the condition of the accused’s mind at the time, he would not be charged with murder. It is the hope of the defence that any sentence His Lordship will pass will be the most lenient and reasonable, having regard to
the circumstances.”
Following a summing up by the judge on Wednesday, February 7, 1962, an all-male jury found Platt guilty of the lesser charge of manslaughter, on the ground that he committed the crime because he was suffering from abnormality of mind at the time.
After commenting that it was necessary for people found guilty under such a section of the law to be put in a place where they could receive the best psychiatric treatment, Justice Small sentenced Platt to
life imprisonment.
NEXT WEEK: On the trail of cop killer, Dennis “Copper” Barth
Sybil E Hibbert is a veteran journalist and retired court reporting specialist. She is also the wife of Retired ACP Isadore “Dick’ Hibbert, rated among Jamaica’s top detectives of his time. Send your comments to allend@jamaicaobserver.com