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Murder accused tells jury shot was fired by his co-defendant

A man charged with murder yesterday told a court that a gunshot was fired by his co-accused Teiko Furbert.

Sheldon Franks told the Supreme Court that he heard a bang and heard Furbert cock a weapon and then run off.

He told the court that several hours later he woke up in bed with Police pointing a gun at his head and was arrested in connection with the murder of James Caines.

However Franks told the court that he did not kill Caines and had never fired a shot in his life.

The prosecution alleges that Franks and Furbert murdered Caines when a bullet was fired through a door of a home on Curving Avenue.

Father-of-one Franks 32, of Dundonald Street, Pembroke, is jointly charged with Furbert, 25, of Rocklands Estate, Warwick, with murdering Caines on July 6, 1996. They both deny the charge.

Furbert is represented by Archie Warner and Franks is represented by Mark Pettingill.

Yesterday Mr. Pettingill called Franks to testify as the defence began its case.

Franks said that on July 5, last year, he came home to find his house had been broken into, the second time that year it had been entered, he told the court.

The next day, Saturday July 6, he went to play in a soccer tournament in Somerset and got home about 6.30 p.m., later going to spend some time at a friend's house.

He left and was on his way to drop off his bike at his girlfriend's when he stopped to talk to some men by an alleyway, off Curving Avenue.

"I was approached by Teiko Furbert who told me that James Caines was sitting on a wall earlier in the day knowing that my house had been broken into,'' Franks told the court.

"He asked if I wanted to go and do him something,'' added Franks, who rode home to get his stick before later meeting with Furbert in the alley.

"I was told James Caines was in an apartment and I wanted to confront him about what I thought he had done. I had a feeling he had broken into my house.'' He brought the stick, he told the court, because Caines was known to carry a knife.

Both Franks and Furbert walked towards the house, but Furbert told Franks to wait while he went up a small road to a bush. "Furbert said are you ready, and I said yes,'' said Franks.

They went down some stairs to the back of the house and then Furbert went back and climbed up to a window to see inside. They then both went to the front of the house, Franks told the court.

"As we reached the front of the house I told Furbert I was not bothered and to forget about it,'' he said.

"I started walking up some stairs and I heard a loud bang. My first reaction was to jump and turn and look back at Furbert. I carried on walking up the stairs.

"I heard Furbert cock a weapon and then he ran out past me. He ran past me towards a yard and then up a hill. I did not realise what had happened.

"As Furbert ran past me I turned and watched him wondering what he was running for,'' added Franks.

He went to the back of the house where he saw a man in the yard bent over and as he went to see who it was another man came out of the house and said "what you guys doing?'.

The man in the yard was Caines who ran off followed by Franks, although he stopped and watched him run off.

He then got on his bike and started to ride home where a friend came to see him asking what had happened.

"He said that everyone was saying that I shot James Caines in his neck. I said `Oh f**k' what this guy's done','' added Franks who told the court he was referring to Teiko Furbert.

Franks then went to his girlfriend's house where her mother asked about the shooting and said a person had died. He went to sleep and was woken at about 2 a.m. with a gun pointing in his face. He was arrested and taken to the St.

George's Police station.

Under questioning from Mr. Pettingill, Franks said he did not shoot Caines and did not know there was a gun. "Had I known I would not have gone down there.'' Attorney General Elliott Mottley cross-examined Franks and asked him: "Who fired the shot?'' Franks replied: "Teiko Furbert.'' The case is due to continue today before Puisne Judge Richard Ground. Charlene Scott is assisting Mr. Mottley and Renee Foggo is assisting Mr. Warner.