The defense and prosecution have closed their cases and it is now up to the trial judge to sum up the Asher James murder trial.
A decision on the matter is expected later on Wednesday.
James is charged with murdering Kenny “Bosco” George in 2013 in Wotten Waven.
In his defense, James took the witness stand and gave his version of the event on September 20, 2013 in Wotton Waven.
He told the court that he had returned from his work of “soiling his lettuce plants” and had gone down the village to eat when he noticed “a shadow” following him. He later realized that it was the deceased, George.
According to him, when he reached the top of a hill George started to “circle” him while issuing threats and then he saw him (the deceased) pull out a cutlass (black handle with silver blade) from the right side of his waist.
“I pulled mine out faster and swung at him…swing for swing. He swing, I swing. I swung numerous times and was unaware where he got hit,” James said.
Under cross-examination, he said the deceased was about 2 feet from him and he (James) pulled his cutlass first. He denied attacking the deceased saying George was the attacker and he was forced to defend himself.
He also agreed with the prosecution that he got no cuts and or bruises.
Asked where George got hit, James said, “I can’t remember but I know that one got him in his neck.”
Questioned further about the cutlass he claimed to have had in his possession on the night of the incident, he said that it was concealed under his shirt.
James’ father, Brantley James also testified on his behalf. He said that he was the one who told his son to get the cutlass for the police after they had arrested him. The cutlass, he claimed, had blood close to the center and the tip had “a little dirt.”
Under cross examination, he agreed that he was in court giving evidence to “help his son.” He also said that when his son came home just after 7:00 pm on the night of the incident and told him certain things, he didn’t ask him if he had gotten any injuries.
The matter is being heard by a three-man, six-woman jury and is president over by Justice Errol Thomas who has reminded the jury of giving a fair trial to the accused. He told them that they should only listen to the evidence heard within the four walls of the court and not from the press or otherwise. He also reminded them not to discuss the case with anyone except for those on the jury panel hearing the case.
Sherma Dyrample is led prosecutor for the state assisted by Fernillia Felix and Kalita Benjamin while Geoffrey Letang is leading the defense assisted by Ann Riviere.
The jury should also have been advised not to listen to the news or read the newspapers and Face Book.
Dominica is a small place. In fact, such occurrences are already known and through the Media.
This is why jurors are sequestered during such trials. If this is not done in Dominica, the Government/Court must consider it for the future.
Pertaining to the version of the convicted man which is exactly what it is, as the saying, “Dead men tell no tales.”
The deceased victim is not here to provide his testimony of what occurred.
God knows!