Defence lawyer blames three other men in shooting
The defence lawyer for a man accused of a triple shooting named three people he claims may have actually been responsible, during his closing speech to the jury yesterday.
The prosecution case against Cervio Cox the only person on trial is that he perpetrated the Court Street attack in broad daylight last May 23 together with "persons unknown". It's alleged that it was a revenge attack prompted by tensions between the 42 gang and their rivals Parkside.
In his closing speech, prosecutor Robert Welling said the evidence points to Cox being the driver of the car registered in his name that was used to transport the gunman and a lookout that morning.
However, attempting to convince the Supreme Court jury of 26-year-old Cox's innocence yesterday, Jerome Lynch QC told the jury the Police know who may really have been involved although they do not have enough proof to bring charges.
He named Carlington Thompson described by eyewitnesses as a tall dark-skinned Jamaican as the gunman. He alleged that Cox's cousin, Daniel Cox, was the getaway driver and someone nicknamed Rum Rum acted as the rear-seat lookout.
All three of those men were named as members of 42 by gang expert Sergeant Alex Rollin when he gave evidence to the trial last week.
However, Mr. Lynch's closing speech was the first occasion they were named to the jury as the three men allegedly suspected by the Police to have been involved. The British-based defence lawyer named names after pointing out the extent to which gangs are holding Bermuda in the grip of fear.
"Gangs rule to the point where they can operate with complete freedom in the knowledge that no one is going to actually point the finger at them for fear," he said. "The Police know who the shooter was. Of course they do. They know who should be sitting in that dock. They know who the driver was, who the back passenger was."
Mr. Lynch pointed out that three eyewitnesses told Police in statements that they would be able to identify the shooter if they saw him again. Yet identification parades were held, and there was no positive ID made.
Mr. Lynch pointed out that Cervio Cox was questioned by the Police about the involvement of Carlington Thompson, Daniel Cox and Rum Rum, and the initial warrant issued for a search of his Smith's home was issued for Daniel Cox, not him.
He noted that there is no identification evidence or CCTV footage to show Cervio Cox as the driver of the car. And he suggested that it was wrong for the prosecution to tell the jury Cox was involved in the shootings together with "persons unknown."
"Are these people really unknown? That's disingenuous for the prosecution to suggest to you they are unknown. They don't want you to know that they do know, because that does not fit in with their case," he said. "Carlington Thompson, Daniel Cox, Rum Rum sitting in the back. Just because there's insufficient evidence does not mean that they don't have to name them. They could have and they should have," he told the jury.
Prosecutors allege that Cox has links to the 42 gang, which is based in St. Monica's Road, Pembroke. And they say the main victim of the Court Street shooting, 16-year-old J'Dun Thompson, is an associate of the Parkside and Middletown gangs.
Two other men Raymond Burgess Sr. and Raymond Burgess Jr. were also shot and injured when J'Dun sought shelter in their shop on Court Street, C & R Discount.
Prosecutors allege that J'Dun was shot by 42 in revenge for the shooting murder of 42 member Kenwandee Robinson in St. Monica's Road, Pembroke, the day before.
The injured teenager insisted he had nothing to do with the Robinson shooting, which also left Mikey Adams, another 42 member, injured.
Cervio Cox told the jury last week that Mr. Robinson was a friend of his and Mikey Adams is his cousin. He admitted that he could not disagree with Sgt. Rollin's assessment of the pair as 42 gangsters.
However, he strenuously denied being a member of that gang himself, or being involved in any revenge attack.
Sgt. Rollin did not name Cox as a member of the 42 gang but said he has seen him on "42 Street" St Monica's Road on several occasions in the past.
Cox admitted during his evidence that he was on that street on the morning in question. However, he told the jury he loaned his Volkswagen car to a pair of gangsters that morning, because he was too scared to say no.
He did not tell the Police he lent his car to anyone. When he admitted doing so during his evidence in court, he declined to name the men he lent it to, telling the jury he was scared for his own safety and that of his family.
However, in his closing speech yesterday, prosecutor Robert Welling said the evidence points to Cox being involved in the shootings.
"You've heard from Sgt. Rollin that he goes and frequents the 42 area because he's seen him since 2007 on several occasions. I ask you to infer from that evidence that he may not be a core member of 42, he may not be a 'heavy,' he probably isn't a leader of 42, but you can safely infer that he's a follower and he's loyal to 42," he said.
Mr. Welling claimed that because Cox was close to the victims of the shooting the day before, he had "every motive" to be involved in a revenge attack.
"His anger and his desire for revenge got the better of him and he agreed with others to participate in this incident," he said.
Mr. Welling pointed to Cox's evidence that he was wearing a white top that day, and evidence from an eyewitness that the car driver wore a white top and pulled it up over his face.
He also noted that Cox did not use his cell phone to make any calls during the time in question.
And, he said, when Cox's friend Joyanne Lawrence called him in the immediate aftermath of the shootings, Cox made no mention of lending his car to gangsters, and said he was on his way to work.
Mr. Welling told the jury that if Cox was not actually at the wheel, the Crown still believe he lent his car to the trio involved in the shooting, in full knowledge of the plot.
Either way, he said, Cox shares just as much criminal responsibility for the shootings as anyone else involved.
"I know that you would love to see that shooter sitting in that dock so you can judge him," Mr. Welling told the jury. "You want to see the lookout guy, the guy looking out the side and back, in that dock. You want to see the person that was holding the guns just before they were handed to the shooter in the dock. And you want to see the person that was responsible for importing the guns, because each of these people have an essential role in what took place on May 23 2009. They are all crucial links in that chain."
However, he continued: "The fact that you don't have all of those links in the chain in the dock does not mean to say that Cervio Cox is any less guilty. No part of your decision should be based on 'it's just not fair that he's there and we don't have the 6 ft 2 ins Jamaican guy who had the ruthlessness to pull the trigger.' This is about realising that criminal responsibility attaches to a whole host of people."
Cox denies a string of charges relating to the shootings, including conspiracy to murder, and the case continues.
