Shooting victim jailed for contempt of court
A teenage shooting victim is beginning a two-week prison sentence today for trying influence a juror in the trial of two men accused over the crime.
Shawn Williams, 18, accosted a male juror in the bathroom at Supreme Court after giving evidence. In an apparent reference to himself and his accused friend Khyri Smith-Williams, Williams asked the juror to "help us".
Finding him guilty of contempt of court yesterday, Puisne Judge Charles-Etta Simmons said: "There's been damage done to the integrity of the court, the administration of justice and the process as a whole."
Williams was shot in the back by Dwayne Signor, 29, at the Royal Artillery Association Club in St. George on April 4.
Signor was convicted by a jury on Tuesday of wounding Williams by pulling the trigger during a bar brawl at a reggae party. Mr. Smith-Williams, 19, was cleared of charges that he brought the gun to the club.
The trial heard both defendants were friends of the victim at the time of the incident. When he gave evidence in the case on August 24, Williams told the jury he was unable to identify the culprits.
The juror who cannot be identified for legal reasons told Supreme Court yesterday that he was washing his hands in the men's room when Williams asked him to help. He responded by saying: "Don't you know I'm not supposed to be talking to anyone about this case."
Williams then apologised and left the bathroom. The juror told the other members of the panel what happened. One of them alerted the jury officer, who in turn alerted the judge.
She warned the jury not to be influenced by what had happened. She also issued a warrant for Williams' arrest, which resulted in him being detained at the airport as he prepared to fly off the Island on August 27.
He was brought back before the judge that evening, charged with contempt of court, and bailed until yesterday's hearing.
Williams denied having any such conversation with the juror, or trying to influence the outcome of the case.
"I didn't speak to no-one," he protested yesterday.
However, the judge said she was satisfied he did so, and with the "specific intent" that the jury would be influenced by his approach. The maximum punishment for contempt of court is a $500 fine, and/or 30 days imprisonment.
Prosecutor Robert Welling pointed out the trial was conducted amid difficult circumstances and tight security.
The principal Crown witness Ronnie Furbert a friend of both the victim and the defendants had to leave the Island for his own protection after helping the investigation.
"He had to be escorted to and from court under armed Police guard to prevent any interference with him," revealed Mr. Welling.
Two other Crown witnesses Darren Hodsoll and Jason Barnett also described themselves as friends of both the victim and the accused. They were declared "hostile witnesses" by the judge over their refusal to detail what they saw that night.
"It's a case that quite clearly showed that two other prosecution witnesses had been, to use the expression, 'got at'. And they did not come up to proof," said Mr. Welling of those young men.
"It is doubly serious that anyone should try, via another route, to derail a jury trial, either to derail it or to divert it from its proper course."
He added: "There is, at present, a real culture of fear among those being asked to give evidence in serious criminal matters. Your ladyship must reflect the reality on the ground, and it's absolutely correct that this young man knew exactly what he was doing and why he was doing it. And he does not even have the decency to come to court and admit what he's done."
Urging the judge to spare Williams from prison time, defence lawyer Larry Scott explained he was boarding a plane to go to school in the United States when he was arrested.
Mr. Scott said Williams' original plans to go away to school were thwarted when he got shot, and were thwarted for a second time when he was arrested.
"He's been through a horrendous experience himself having been shot. I think there's been a sufficient amount of trauma this year for this young man to have it culminate now in a period of incarceration," he said.
Sending Williams to prison – and directing that he must serve the entire 14 days without the chance of early release the judge said: "In the environment of the types of trials that come before the court, particularly cases involving gun crime, the court has a difficult enough time trying to protect its process.
"And a direct attempt to influence a juror or jury, the court finds, must not only be condemned but deterred."
Williams, who is unemployed and from Paget, protested loudly as he was taken away to the cells.