R v Graham
| Jurisdiction | Jamaica |
| Judge | Carey J.A. |
| Judgment Date | 20 June 1994 |
| Neutral Citation | JM 1994 CA 40 |
| Court | Court of Appeal (Jamaica) |
| Date | 20 June 1994 |
| Docket Number | Criminal Appeal 30 & 31 of 1992 |
Court of Appeal
Carey, Forte and Gordon, JJ.A.
Criminal Appeal 30 & 31 of 1992
Dennis Morrison Q.C. & L Jack Hines for Williams
L Jack Hines for Banks
Kissock Laing for crown
Practice and procedure - Directions to jury — Murder trial — Statements were made to the police by the applicants — Trial judge accepted the evidence of the police based on uncautioned and cautioned statements made to the police by each of the applicants — Whether the trial judge gave adequate and proper directions to the jury as to these statements — Finding of the court that there were no weaknesses in the case or failings on the part of the trial judge who gave adequate, correct and fair directions — Applications for leave refused.
In the Home Circuit Court before Panton J and a jury, these applicants, after a trial which lasted from 2 nd to 17 th March 1992, were convicted of the murder of Keith Ramtallie aged 54 years and his mother Evelyn Ramtallie aged 94 years. They were sentenced to death. It was an altogether atrocious crime even in this country where one violent death occurs each day: the throats of the victims were slit.
The prosecution's case depended essentially on statements under caution made by each of the applicants and in the case of the applicant: Kerwin Williams in the presence of a Justice of the Peace. Both statements were admitted when the judges ruled on their admissibility after he held a voir dire. Williams also made admissions to a police officer and a doctor. There was some circumstantial evidence, which provided some background to the entire sad affair. It emerged that Banks was employed to the slain man who was a horticulturist and carried on such a business from his home at 6 Par Drive where he lived with his mother, the other victim. At about 2:00 p.m. on 22 nd March 1991, Roslyn Lindo a household help at the Ramtallie's overheard Banks grumbling about the low wage and lunch money which he was receiving from his employer and warning that he could not be returning to work because his relationship with Marcia Brooks (another household help) had caused her to lose her job. This applicant was obviously in a foul temper because his monologue was punctuated by some expletives.
On the morning of the 25 th, Patrick Scott a former gardener at the victim's home attending there in answer to a summons by the slain man. When he had no response to his call, he went into the, premises to find Keith Ramtallie lying on the ground in a pool of blood with his throat cut. He raised the alarm and only returned to the premises upon the arrival of the police. He found Mrs. Ramtallie sitting in a rocking chair with her throat also cut.
Sometime later that morning, Gladwin Ramtallie, a daughter of the slain woman was summoned home to learn of the death of her mother and brother. She did not see, the bodies but observed bloodstains at various parts of the house, that her mother's handbag was absolutely empty, money as well as a change purse were missing. Her brother's room was ransacked, and from it, she missed a black pouch with his chequebooks and money.
On that same day, Camille Benjamin and her boyfriend who live at 7 Miles Bull Bay, some considerable distance from Par Drive to our knowledge saw both applicants come there. Those persons observed that the clothes of Kerwin Williams was bloodstained. He explained the soil by saying that he had been cut by the conductor on his way from Lawrence Tavern in a bus. Camille Benjamin eventually washed these clothes.
Kerwin Williams was interview, by Deputy Superintendent Hewitt sometime after 6:00 a.m. on 26 th March. The officer told him that he was investigating a case of a double murder of Keith Ramtallie and Evelyn Ramtallie and he wished to ask him questions about it. Immediately the applicant then stated — “A dat bwoy deh carry mi round deh go kill the people dem.” Melbourne Banks who was then present, remained silent. Both applicants were then taken to a doctor, Dr. Ford, for blood and samples of their nails to be taken. Dr. Ford, who gave evidence for the prosecution, said that he told both applicants that they had nothing to fear from the police while in his presence, and if they had any complaints they should voice them. Whereupon Williams said – “this idiot boy (referring to Banks) carry me and get me in trouble”.
On 26 th March 1994, Kerwin Williams intimated that he wished to make a statement. Thereafter Detective Inspector Chin charged the services of a Justice of the Peace and the applicant dictated the following statement:
“Monday morning about something after five Bones weh him same one name Melbourne come to me and tell me that him want me follow him go collect him pay. Me tell him fe hold on mi soon come. That a up a my yard a Unity. Him hold on and me go out a de bus stop go join hum and de two a we tek a Leyland Thirty-one bus marked “Border” and we come off at Constant Spring and walk go round a Norbrook way. Bones tell me say me must stand up outside when me reach there and him tell me seh him soon come and him go inside. When bones go inside; me hear him and him boss a talk a quarrel and me hear him boss tell him seh him fire him from Friday. After that me hear him boss scream out.
Me go inside a de yard after him boss scream out and me see him lie down pon de ground wid him throat cut, slice round and me see Bones a go in de room wid one middle size kitchen knife wid blood pon it and him tell me seh me must go back outside. Me go back outside a de back gate. Me did go a de back gate when me go deh and him go a de front. Me go back inside the yard after about five minutes because every move him make him send me a de gate fe go watch see if anybody a come.
Me go in a de house after me go back in a de yard and me see the lady in a chair lean back with her throat cut and Bones upstairs a search with the knife in a him hand. Me and Bones go outside and him tell me fe pass a knapsack bag weh him did carry deh and left it outside, a black bag. Me pass de bag give Bones and him go inside wid it and him put him shirt in it and give me but it have more: things in deh because it never flat like when me-give him but me no see what else him put in deh. The two a we outside now and him seh me must carry de bag, dat a where we a go leave. We walk go a Constant Spring and we tek a bus go a Half way Tree and from there so we tek a next bus go a Bull Bay and go a one young lady house. A de first time me go out deh still and de two a we lie down pon de lady bed and sleep.
Before me and Bones go sleep him tell the lady fe wash we clothes because blood did pon we clothes.
When me did go up a Bones boss house me did have on me shirt but when me go in a de yard Bones tek off him shirt and put it pon de top a one shed weh de flowers dem grow and have on him yellow merina wid de hole dem in a hit. Me keep on my but me tek it off when me a go in a de house and put it weh Bones put fe him because me no want it blood up. Bones put my blue merina in a de bag when we left him boss house.
Bones tek de clothes out a de bag a Bull Bay but me never see fe him yellow merina weh look like fe me.
Me and Bones wake up and me see my clothes pon de line and fe Bones to. Fe me clothes was grey trousers and blue marina and tall sleeve brown shirt but fe me shirt neva de pon de line because Bones tek fe me shirt and wipe off de knife. When me no see the shirt and ask him fe it him say him go mass it. Bones did have him pretty stripe shirt pon de line but him trousers neva wash because no blood neva deh pon it.
Me and Bones put on we clothes after dem dry and we travel pon de same bus go a Half Way Tree. Me left Bones and go a Unity.
Me forget fe tell you seh when we reach Bull Bay before we go a de girl house when we a cross the road Bones tek five hundred dollar out a one four corner black purse and give me and say dat a my cut. Me know seh him have more money left in a de purse but me never see a how much.
Me just member seh Bones carry weh de knife in the same bag weh him carry weh de shirt in a.
Me reach up a Unity about something after seven and hear seh Police go a Bones yard go ask fe him, but me stay a my yard until early dis morning when me see Police and Bones come deh come wake me and de Police carry me down ya. Das all”.
On the 26 th March 1991 Melbourne Banks intimated to the police (Det. Inspector Asphall) that he wished to tell his side of the story. This Officer handed him over to the Assistant Superintendent Howell who was in charge of homicide. He tried unsuccessfully t find a justice of the Peace. This applicant agreed to a Sergeant of police sitting in, while the statement was taken. We set it out in full:
“Well, one youth from up a my way a work up a Stony Hill name Lambert, him and my boss Mr. Ramtallie move good. Mr. Davis Lambert boss and my boss move good, so Mr. Ramtallie check Lambert fi get a youth fi work hi him and Lambert carry me to him and that is how me get the job with Mr. Ramtallie. A don't member the date me get the work but mi work there one year and two month. Mi improve, me cut flowers and set them under the water, circumpose and clean up the place, mix up choir (sic) and sand and bag and bathe the dog them and wash down the concrete. While me there working Lloyd and Omar used to come there to the boss. Lloyd work there one time but Omar never work there. Tony and Winston used to work there. Tony and Winston used to work there. About three months ago Lloyd and Omar and me dey out pon de road up a Unity. Lloyd and Omar tell me say to make we hold up Mr. Ramtallie. I tell them say it better them go off a de own for like how we a work dey police going say is not stranger and is must a worker carry them in. About three months ago mi boos Mr. Ramtallie go out and left me with the helper Marcia. Rain start fall. The two a we dey...
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