`Supergrass' hints at personal danger over giving testimony -- Jury set to
A convicted housebreaker yesterday hinted he has faced intimidation and danger in prison after deciding to testify against an alleged accomplice.
Clarence Nicole Simmons was visibly shaken and sounded ominous when he said "you don't know how difficult it is at Westgate (Correctional Facility)'' once he made a decision to testify against Damon Ray Burgess.
The eight-woman, four-man jury is likely to get the case against Burgess today as Chief Justice Austin Ward will give his legal directions. Simmons, owner of a defunct maintenance company, told the court that he broke into a condo on March 2 with Damon Ray Burgess and stole $3,000 in jewellery.
He then forged two cheques because Burgess' hand was injured and he could not write. Last week Simmons pleaded guilty to similar charges that Burgess now denies and was sentenced to four-and-a-half years in prison with one third to be spent in drug rehabilitation.
He suggested to Chief Justice Austin Ward at that time that his record was "like a nightmare'' and that he wanted his drug addiction to end. Simmons added: "There are many people that I've hurt. I'm willing to do whatever it takes to be rehabilitated. I'm willing to let young people know that this is not the way and my life depends on it.'' In the past, "supergrasses'' or people who testify against alleged accomplices have been able to have their sentences reduced upon appeal after prosecutors offered no opposition. It is not known if Simmons is being held in protective custody.
Burgess, 34, of Hillsdale Road, Smith's, denies housebreaking and uttering cheques to be signed by Mr. Chadwick at the Shelly Bay MarketPlace.
He also denies uttering a forged cheque at the A1 Supermarket and obtaining property by false pretences.
Simmons broke down and cried for several minutes shortly after starting his evidence in the witness dock and appeared greatly uncomfortable. And as he gamely left the courtroom escorted by two prison officers, Simmons mouthed the words "I'm sorry'' to the victim of the break-in, Philip Chadwick. Mr.
Chadwick appeared to accept the apology.
Simmons said he decided to "tell the truth'' in the break-in and alleged dishonesty offences with a stolen cheque.
But Burgess said he received the cheque as wages when he went to Simmons' home on that day to get paid after having been left unpaid for several weeks.
He did not question why a cheque was presented to him when he was normally paid with cash because it came from someone who Simmons had been working for, whom he knew to be named "Chad, Chaddle or something like that''. During cross-examination by Crown counsel Juan Wolffe, Burgess said: "I don't know nothing about a break-in that day.
"There's a deal with Police and Clarence Simmons that he would make statements against me, so he can get less time,'' Burgess explained. "You know how Police do it. You know what will happen.
"You don't know Clarence. I know him, trust me. He's been dishonest this whole time. He's a guy that's for himself (selfish). What you saw today was all a front.'' When Simmons was challenged by Burgess' lawyer, Victoria Pearman, he said: "I'm telling the truth. Yes, I'm sure that it was not my understanding that coming here today would assist me.'' Ms Pearman asked: "You're implicating Mr. Burgess in the hopes that it would advance your case. Prior to your sentencing, didn't you promise to do this with Police?'' Simmons denied that but admitted that as recently as Friday he was trying to get out of appearing in court. When she asked why he cried while on the stand, he said: "I'm at Westgate. It's a scary situation to stand up and tell the truth.'' "Look,'' Simmons added. "You want to hear the truth? I didn't want to do it.
Him and I were friends. I was between two minds to tell the truth or not come.'' He continued: "I wasn't going to go to bat for him. He knows I'm not lying but you don't, you're doing your job. But I have to tell the truth.
"You don't know how hard it is at Westgate. People look at you and say you're a snitch. I fought with this day and night. But I'm doing what is right.''
