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Verdict likely today in Hill murder trial

Kellan Lewis
The jury in the Kellon Hill murder trial is expected to deliver its verdict today.Yesterday jurors heard closing speeches from the prosecution and defence, followed by Chief Justice Richard Ground's summing up of the case.Kellan Lewis, 18, is accused of murder and possession of a knife in a public place on August 9, 2008.

The jury in the Kellon Hill murder trial is expected to deliver its verdict today.

Yesterday jurors heard closing speeches from the prosecution and defence, followed by Chief Justice Richard Ground's summing up of the case.

Kellan Lewis, 18, is accused of murder and possession of a knife in a public place on August 9, 2008.

Mr. Hill, 18, died from a stab wound to the heart after trying to retrieve a gold chain which Lewis allegedly snatched from around his neck.

The incident took place in Tribe Road 4B, the public access road to Elbow Beach, as Mr. Hill was leaving a party.

The Crown says he was set upon by Lewis and his friends. They included Gary Hollis, 16 at the time of the incident, Zharrin Simmons, a 17-year-old girl, Devon Hairston, 18, and Kevin Warner, 19.

The teenager was attacked with a wooden cane, motorcycle helmets, a knife and also allegedly a screwdriver. However the post-mortem revealed the fatal injury was caused by a knife.

After the attack, the gang are said to have run along Elbow Beach to Coral Beach and Tennis Club, where they ran through the grounds to South Road in a bid to escape Police apprehension.

Concluding the case for the Crown yesterday, Director of Public Prosecutions Rory Field said: "Lewis brought the only knife, the only one we know about."

He said even if Miss Simmons had stabbed Mr. Hill with a screwdriver, this had not caused his death as "the killing wound happened earlier down the hill".

"That's why there was the blood trail," said Mr. Field.

He said the gang intended to inflict harm due to the weapons used.

"This isn't some little tussle in the school ground, this is a prolonged vicious attack on somebody, and you know from numerous witnesses that Mr. Lewis is right in there, right until the end, and kicking the guy when he's down as well.

"Whoever used that knife, the defendant would be guilty. But we are saying the defendant used the knife. There's only one knife and it's the defendant's."

He added DNA tests had revealed Miss Simmons did not have any blood on her clothing. However, Lewis and Mr. Hollis, the ones "doing most of the fighting", had Mr. Hill's blood on them.

"I suggest to you that blood came directly from fighting with the victim. I say that is because he (Lewis) was directly in contact with the victim," said Mr. Field.

"As soon as Kellan Lewis went to that party carrying a knife, in the kind of mood he was, it was foreseeable that someone was going to get hurt and it was foreseeable to him that somebody was going to end up on the end of his knife. He went along that evening, he had a knife, he stabbed and he killed. The Crown isn't saying he intended to kill. Who knows? But he must have known, in a fight like that, with so much damage to the victim.

"He must have known that if you stab somebody to the body you're going to cause them a serious injury, and that's the intent. If he intended to cause grievous bodily harm then he is guilty (of murder)."

Defence lawyer John Perry QC however, said the evidence pointed to Miss Simmons being responsible for Mr. Hill's death.

"Tragic as it is for all concerned, there is no place for emotion when you deliver your verdict," he said.

"People on the street may feel a natural desire that someone is held accountable. Justice demands that, but not at any price.

"Justice is not satisfied by an injustice. You should not convict Kellan Lewis because he's on trial, the one standing in the dock. You are not here to mete out vengeance or settle a score. There is no place for sympathy or prejudice.

"A true verdict will involve consideration of the law and the facts."

Mr. Perry added: "For you to convict Kellan of murder on the basis of Zharrin stabbing Mr. Hill, you must be sure Kellan knew Zharrin had a knife and that he knew she intended to use it to cause the death or serious harm to Mr. Hill. There is no evidence of that.

"Just because someone is in a fist fight, it doesn't mean they are aiding or abetting."

He said: "Out of the 11 witnesses called or read as part of the prosecution's case, ten do not identify Lewis as stabbing or doing anything other than punching."

He described a 16-year-old girl's evidence that she saw Lewis stab Mr. Hill as "unreliable and inconsistent".

He also argued against claims by the prosecution that Lewis' mother had conspired to help him on the night of the alleged murder.

Mr. Field told the jury on Monday that Jan Martin, a former Police officer, had telephoned contacts in the force to get information.

But Mr. Perry said a text message from Lewis to Miss Simmons in which he said his mother's "ace girl on the force" said Police were "looking for everyone", was "no evidence that she did anything wrong".

"When you read the text message it looks more like some Police officer contacted the defendant's mother and told her the Police were looking for her son," he said.

"Please be fair to this young man. It would truly compound the tragedy of Mr. Hill's death if his killer is never held responsible. But it would be a bigger tragedy if you compound the tragedy by convicting Kellan Lewis, because then you have lost sight of your duty as jurors."