was one of three persons who were in the vicinity of a home on 27 Curving Avenue on the night of the murder.

Teiko Furbert, who took the stand for the first time on Friday and spent the entire day there, made this assertion to a Supreme Court jury.

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.

The court has heard that Franks joined up with Furbert on July 6, 1996 in an alley off Curving Avenue and they intended to beat Caines up.

Caines was at the time in a house situated on 27 Curving Avenue with three other people.

However Furbert's version of the events of July 6, 1996 contrasted with those told by Franks on Wednesday and Thursday.

Furbert denied that he was seated alone on some steps halfway down the alley.

He said he was nearer to the front of the alley near a lemon tree at the junction with Curving Avenue, when Franks rode in on his girlfriend's bike.

Furbert said he was conversing with other persons at the time and there were other people in the alley who were busy conducting drugs transactions with customers.

He said it was normal for any member of the Curving Avenue crew to ride into the alley -- Franks was a drug dealer and a member of that crew -- hide their drugs in pre-selected locations and then return to the top of the alley to converse and await customers.

Furbert said that on any Friday or Saturday night drug dealing became a brisk trade although there was no rivalry among sellers because they saw each other as one family.

Five minutes after Franks rode into the alley Furbert said that he became hungry and walked toward the back of the alley to collect a pedal cycle he had left there. His intention was to go to get something to eat.

"I went down the back to get my push bike and I saw Michael Hansey, Sheldon Franks and another man at the back of the alley standing on the platform.

"But that was not unusual because it could have been a transaction taking place. I picked my cycle up from where it was resting on the wall and I heard a shot and smelled fumes.

"Romond Douglas, Zico Hewey and everybody from the top of the alley started to run toward me to see what had happened. Denise (Evans) came cross me screaming. I got on my push bike. I wanted to get out of there.'' Furbert said he rode his cycle to his house and picked up his motorcycle and went to Ice Queen where he picked up some food and continued to the Sandpiper Guest Apartments where he was living until the construction being carried on at his house was completed.

He said he did not know that it was Caines who had been shot until the next day at his god-daughter's christening.

Furbert said that he did set up a meeting with Caines' mother Sandra Cyrus because he wanted to clear his own name.

In response to a question from Attorney General Elliott Mottley, Furbert said he did not tell Ms Caines that he saw Hansey, Franks and another man in the vicinity of 27 Curving Avenue because that information would not have eased her pain.

"I had heard many rumours,'' he continued. "I just wanted to let his mother know that I had nothing to do with it.

"There was a rage in the City of Hamilton at that time ... I told her from the bottom of my heart I have accused her son of stealing a package (drugs) but I am not the one who killed him.'' Furbert said he has never owned a gun or was in possession of a firearm on the night that Caines was killed.

He said he could not offer any reason why Franks would finger him as Caines' killer if he really was innocent.

The case is due to continue today before Puisne Judge Richard Ground.

COURTS CTS