Accused jumped from window, drug trial told
A Special Police Constable who was part of a raid on a Cox's Hill home said yesterday that there was no doubt in his mind that it was defendant Damon Kujal Simons who leaped from the building during the incident.
Customs officer Timothy Hayward told Supreme Court he saw Simons jump from a window, stumble and run away from Number 11, King's Gate Lane, Pembroke, on February 12, 1999, when Police executed a search warrant at the premises.
The officer defended his original statement about the raid and his evidence in chief, saying details he added in his testimony "helped clarify'' all of his evidence.
Simons is jointly charged with Jamel Tito Smith, 22, of West Park Lane, Pembroke, with possessing 19.98 grammes of heroin with intent to supply, obstructing Police and possessing drug equipment.
Simons, 23, of First Avenue, Pembroke, also denies possession of 21.1 grammes of cocaine with intent to supply.
Mr. Hayward is a Customs officer who was sworn into the Police Service to work in Narcotics and on the National Drugs Intelligence Unit.
He described creeping along a ledge as he heard Acting Sgt. Robert Cardwell shout "Police, we have a search warrant, open the door'' and seeing a man "with a distinctive face'' stick his head out of a window.
"I saw a screen get pushed out and I saw a man, who I now know to be defendant Damon Simons, push his head out and look toward my direction,'' he said.
He saw Simons exit the window, look back again, then jump to the ground, stumble, then take off.
As Simons stumbled, Mr. Hayward added, he lost his hat, a cell phone and a small plastic bag.
He arrested Simons on Happy Valley Road that afternoon.
Under lengthy cross-examination by Simons' lawyer Mark Pettingill, Mr. Hayward denied having discussed the case with other officers. He said: "We're professionals. We take that oath (of not discussing a case while it is underway) seriously.'' He also denied being the "sweeper'' in the prosecution's case and being tasked with tying up loose ends in the case.
When questioned by Mr. Pettingill about who it was he saw, Mr. Hayward said: "He (Simons) has a very distinguished-looking face.
"It's not in the statement, yes, but I felt saying it would assist in explaining my statement,'' he added. "I was trying to further elaborate.'' And under questioning by Smith's lawyer Elizabeth Christopher, Mr. Hayward admitted the bedroom "workstation'' did not have any of the drug equipment that is evidence in the case.
"So the only reason you call what you saw in the bedroom a workstation was because you saw a mirror and scissors?'' Ms Christopher asked, getting an affirmative answer.
The alleged drug processing Police interrupted was taking place in a friend's apartment while she was at work.
The other witnesses yesterday were Narcotics officer Det. Con. Sherry Bean, who is the department's custodian of evidence, and Keemah Lawes, in whose apartment the men were seen.
A prosecution witness, Ms Lawes denied knowing anything about the drug processing and confirmed she did not leave any of the items shown in Police photographs, such as drugs or drug equipment.
She said Simons' family had been her neighbours for most of her life and she left her apartment door open to allow them access if they needed to borrow anything.
The case continues on Monday. The jury is excused for legal arguments today.