Lawyers clash over Crown’s motion
Prosecutor asks judge to treat Rashaun Codrington’s murder of Malcolm Outerbridge as ‘premeditated, planned and unprovoked’By Jonathan BellMurder victim Malcolm Outerbridge told police “I’ve been jumped” in a 911 call, after he was stabbed multiple times by fellow teenager Rashaun Codrington.Supreme Court yesterday heard that the victim also told emergency responders that “these guys” had dragged him into bushes following the attack.Mr Outerbridge, 18, was fatally wounded on October 28, 2011, on the Railway Trail in Warwick.His killer, 15 years old at the time, pleaded guilty to murder in February of this year.However, Codrington’s sentencing yesterday in Supreme Court had to be adjourned after a submission by the prosecuting side, that the murder should be treated as “premeditated, planned and unprovoked”, sparked a furious legal argument.Codrington, remanded in custody, smiled at reporters when he was brought to court before Puisne Judge Stephen Hellman.The two teens, who were seen by five witnesses walking together on the trail earlier on the murder date, were said to be well acquainted with each other.Prosecutor Carrington Mahoney said the victim’s 911 call after the stabbing included the words “the guy might come back” and “the guy just came at me”.He told the court that Mr Outerbridge was subsequently found by first responders stabbed 27 times — although which injuries were mortal, and which were superficial wounds, was hotly disputed by defence lawyer Charles Richardson.Mr Mahoney maintained that accounts by EMTs, as well as DNA evidence from objects recovered at the scene, put Codrington “there in the vicinity when the first responder was there”.“He had his change of clothing, and was trying to conceal items that would link him to the incident,” the prosecutor argued, inviting the court to infer there was evidence of a planned attack.Codrington hails originally from Bulkhead Drive, which adjoins the area of the Railway Trail where the stabbing occurred.The court heard that the two teens had met at his home earlier on the day of the attack.But Mr Richardson called the prosecution’s “eleventh hour” arguments “speculation” and “farcical”.His client has admitted to a count of simple murder, rather than premeditated murder.“There is absolutely no evidence that this was premeditated, planned, or anything of the kind,” Mr Richardson told Justice Hellman — who said that while the matter should be resolved as soon as possible, it was “unfortunate that all of this has emerged in only short notice”.Mr Outerbridge’s family, including parents Kaywell and Malcolm H Outerbridge, sat in court holding portraits of their son.Ms Outerbridge said in a written statement: “The difficulty I face daily is knowing that I will never engage in conversation with Malcolm, whether it be socially or personal concerns.”She called it “every parent’s worst nightmare to hear their child has been killed”.She acknowledged her son’s “challenges as a teen” but said he was transformed through the Raleigh International programme and a related trip to Borneo, Malaysia, in 2011.Yesterday’s three-hour dispute over what the prosecution could invite for inference concluded with Codrington agreeing, through his lawyer, that it should be left to the judge on the basis of his original plea.Mr Justice Hellman adjourned the case until next week, when a new sentencing date will be set.