Manslaughter trial continues; possible verdict tomorrow

Justice Birnie Stephenson-Brooks is expected to summarize a manslaughter trial tomorrow, which involves William Greenaway who is accused of  allegedly causing the death of Valmond Thomas by ‘pulling’ him off his pickup in 2007.

A verdict is also expected from the seven woman and two-man jury who sat through the trial which began last Monday.

Both the prosecution and defense have put forth their cases, whereby the prosecution is alleging that Greenaway acted unlawfully by allegedly pulling a drunken and disorderly 56 year-old Thomas off his vehicle and caused him to sustain a neck injury, end up paralyzed and later die due to complications from his injury.

The defense is however stating that Greenaway had no intention to cause harm to the deceased. The defense is convinced that it was Greenaway’s right to get who ever he wanted off his vehicle – since it was his property.

Defense lawyer Yearwood-Stewart described the incident as a “damned if you don’t, damned if you do” situation whereby Greenaway attempted to avoid Thomas from getting hurt by getting him off the vehicle but ended up accidentally hurting and killing him.

The defence also raised questions as to the treatment of the deceased at the scene of the incident and during his stay at the hospital. Yearwood-Stewart is convinced that the two village men who moved the deceased from the road to the bench after the fall, mishandled him which may have worsened his injuries.

According to the charge, Valmond was killed between June 9, 2007 and April 8, 2008.

State witnesses testified that the incident occurred near the Catholic Church in the Penville community at about 2 p.m. on June 9, 2007.

According to witnesses, the accused man, who had been contracted to drive fish mongers in Portsmouth and neighboring communities to sell fish, was on his way back to Portsmouth when he stopped to pick up two young ladies in Penville near the Catholic Church.

At that time, Thomas began to swear, jump up and down and misbehave on Greenaway’s vehicle.

Greenaway asked Thomas to get off his vehicle several times but he refused.

A struggle ensued after this and Greenaway allegedly knocked Thomas off the blue Toyota pick- up.

He fell and landed on the ground where he sustained spinal injuries that left him paralyzed until he succumbed and died at the hospital on April 8, 2008.

Greenaway testified in an unsworn statement on Friday, after the Judge ruled against a no-case submission by defense lawyer Yearwood-Stewart.

The trip took approximately five hours and during that time Thomas had made several stops at local shops to have drinks of rum, according to the Greenaway.

The accused testified that Thomas was making gestures with his hands and cursing out loud when he stopped in Penville to pick up the two ladies.

He said in his unsworn statement that he never pulled, tumbled or pushed the deceased off the van.

The accused told the court that Thomas was sitting on the ‘tail board’ of the van with one foot out and the other inside. He (Greenaway) said that he took the foot that was inside and put it outside and was in the process of helping the deceased off the vehicle when he slipped and fell on his back.

The accused said that he then saw Thomas lying down on his side and drove off.

Two men later picked Thomas up and placed him face down on a bench in the area until the police and ambulance arrived.

Dr. Robertson Thomas, who testified last week, said that upon examining Thomas on the day of the incident, he observed that the deceased had suffered an injury to his neck which caused a displacement of his spine, hence paralysis from the neck down.  He said that this could have been caused by a blunt trauma or a fall.

The doctor also mentioned that Thomas had a poor prognosis, meaning that there was “very little hope for his condition to improve.”

Final state witness-Doctor Adrien Dechausey, who testified last week, said that  Thomas had perished due to massive infections caused by ulcers. Because of his injury he was unable to walk or use his muscles and developed numerous bed sores which later became infected. These sores were located on several parts of the body including the scrotum, elbow, lower back and heels.

Doctor Dechausey also informed the court that Thomas also suffered from ‘wasting syndrome’, which caused his muscles and body to deteriorate over time.

In closing addresses today, Director of Public Prosecutions Gene Pestaina, who represents the state in the matter, asked the jury to believe the evidence of the state witnesses whom he said were credible and believable witnesses. Defense lawyer Yearwood-Stewart however, disagreed.

The defense also presented evidence from Wilson Joseph and an Emergency Medical Technician Tony Jno Baptiste who was deemed an expert witness.