April 11, 2023
Weak case against accused in Norwood shooting — defence
MONTEGO BAY, St James — The attorney for a man accused of fatally shooting two men and wounding four other individuals, including an infant, has questioned the strength of the prosecution’s case because of what he described as inconsistencies with eyewitness testimony.
Shandee Brown is charged in connection with the November 2022 murders of 31-year-old shop operator Delano Christie and 26-year-old Jordan Brown. They were shot dead at approximately 8:30 pm at Christie’s business place.
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During a bail hearing last Tuesday, Brown’s lawyer Martyn Thomas raised concerns about one eyewitness who did not provide a statement until January 10, two months after the incident. That witness’ account of the incident, he said, was inconsistent, but he emphasised the consistency of the other four eyewitnesses, all of whom indicated that there was only one gunman, who was dressed in black and was wearing a ski mask.
“Every single eyewitness at the scene who was able to observe the shooter indicates that there was just one gunman firing shots,” Thomas said.
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“All the persons at the shop put one shooter at the front of the shop, standing about 20 feet from a street light, firing shots at persons…Their statements are a direct contrast to what this miraculous eyewitness is saying,” the attorney stated, adding that the identification evidence was poor and that witness number five was not present at the shooting scene.
“If you follow his narrative, it could not be that he is giving an accurate description of the shooting or what took place at the shop that night,” Thomas said.
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The lawyer went on to say that the witness was not speaking the truth and that he had an interest to serve, which was why he came forward and gave this statement.
“The same witness visited the station when a parade was arranged on February 1… The parade was arranged, he picked his line-up, the witness was called into the parade area, and we went to view the parade…The witness viewed the men for some two minutes… He walked the line-up, up and down, and then he paused to say that he is unable to identify anyone…He then goes on to say that he does not feel comfortable identifying anyone because he does not trust the police,” Thomas explained.
The preliminary report, according to Thomas, stated that after the parade was abandoned, the witness was instructed to return to the Montego Bay Police Station on February 2.
“Based on what took place on February 1, we objected to any formal parade being done because the witness was already given an opportunity to view the men,” Thomas said.
“The accused man, on the second attempt to do this parade, indicated that he was not going to participate because he has been exposed,” the lawyer added.
Thomas argued that the method used to identify his client was unreasonable since his client was taken to the Barnett Street Police Station and placed in a cell, and the witness was led to the cell where he pointed him out.
“We are contending that the process employed regarding his identification is unfair… This witness was allowed to view the line-up with certain men… He was then taken to a room in the absence of these very same men and the witness was allowed to view this person in a cell,” the lawyer argued.
Thomas went on to say that at the time when the offence took place, he has an alibi to support that he was nowhere near the scene on that occasion.
“The case is weak and we ask that he be offered bail in a reasonable sum… He is not aligned to any gangs and has no previous convictions… It was not until this person gave a statement in January that he was picked up,” the lawyer said.
Following the attorney’s submission, presiding Parish Judge Sasha-Marie Smith-Ashley asked the clerk of court if there were any material inconsistencies in the Crown’s case and he said, “Yes”. One of these inconsistencies is that four witnesses mentioned the shooter wearing a ski mask, whereas witness number five did not.
The judge then asked the clerk if an explanation had been given for the delay in the witness coming forward to provide a statement, which he did two months later, and he replied, “No!”
The judge subsequently offered the accused man bail in the sum of $800,000 with up to two sureties and reporting requirements before scheduling a committal hearing on May 8.
On November 16, last year, all six shooting victims, were reportedly at the shop when masked men attacked, opening fire wildly, hitting all six of them. The infant, who is Christie’s nine-month old daughter, was in his arms at the time.
Christie and Jordan Brown were pronounced dead at the Cornwall Regional Hospital, and the other four injured persons were admitted.
Reports have emerged that the infant later died from her injuries, but this has yet to be confirmed.
