Monday, February 23, 2009
By LAMECH JOHNSON
Tribune Staff Reporter
ljohnson@tribunemedia.net
A POLICEMAN testifying in the manslaughter and abetment trial of two of his colleagues yesterday admitted he was pressured to give a statement to the Central Detective Unit about the alleged beating of a prisoner.
The admission by Constable Kevin Roberts came as a result of cross examination by defence attorney Ian Cargill, where the officer first conceded his knowledge of the family relation between Key's grandmother and then CDU chief Marvin Dames, who later became the former Deputy Commissioner of Police.
The policeman agreed to the attorney's suggestion that he would've been charged with the offence along with Cpl Donovan Gardiner and Constable Tavares Bowleg if he did not give the statement, which was filed six weeks after the alleged incident took place.
Gardiner, who is charged with manslaughter, and Constable Bowleg, who is charged with abetment, are accused of brutally beating 28-year-old Desmond Key on June 17, 2007, in a cell at the Grove Police station. Key died in hospital seven months later on January 19, 2008.
In yesterday's proceedings, the disclosure was made during questioning by Mr Cargill after the officer had been questioned by attorney Wayne Munroe for nearly an hour on what he testified to seeing on the day in question.
Last Friday, Mr Roberts told the court how he saw Cpl Gardiner taunt the prisoner before striking him in the head with the baseball bat. He said Bowleg was standing inside the cell door at the time while Gardiner was inside the cell holding a baseball bat.
Mr Munroe first cross-examined Roberts yesterday and suggested to the policeman that according to his testimony, he and officer Bowleg were in similar positions although the latter was the one being charged with abetment.
The attorney said both had stood there and watched his client - Gardiner - allegedly strike the deceased twice, once in the side and then on the head, and had done nothing. Roberts agreed to the suggestion.
When asked by Mr Munroe, he told the court he was transferred to police headquarters to work in their Information Technology department, headed by Quinn McCartney, who is currently the assistant commissioner of police.
He denied the next submission by counsel that his connection to current ACP Quinn McCartney, who Mr Munroe suggested had family connections to the grandmother of Key, put pressure on him to "give the garbage you said on Friday and in court today".
He replied: "No sir."
Mr Cargill, cross-examining next, asked Roberts if he could recall how long his client - Bowleg - had been inside the cell door or to recall when his client left Gardiner with the prisoner.
Roberts admitted he could not say how long his colleague had been in the cell but said "he left shortly after I did".
The officer said he was asked about the incident by two of his senior officers but could not speak to whether or not they made notes of what he'd told them. He admitted that six weeks after the incident he had been instructed to go to CDU to give a statement on the matter.
Mr Cargill then asked if he knew who was in charge of CDU at the time. Roberts answered "Insp Reginald Ferguson" but said he was unsure if this correct. The attorney corrected him that Marvin Dames was in charge of that division, to which Roberts responded "it is possible".
Cargill asked: "Do you know the connection between Dames and the grandmother of Desmond Key?"
The policeman replied: "She is his aunt."
The attorney, after explaining the investigating officer dealing with the matter still reported to the CDU chief at the end of the day, suggested to Roberts that "you were pressured to give a statement otherwise you would've been charged".
The constable said: "Yes sir."
Cargill asked no further questions.
Prosecutor Linda Evans, given a chance to reexamine Roberts, asked the witness if he had come to court to tell lies or deceive the court and the jury. "No ma'am" he said.
Justice Veer Watkins adjourned the matter to Wednesday morning where Dr Duane Sands and pathologists Dr Caryn Sands are expected to give evidence.
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