Advising the 12 member jury not to exude any prejudice or sympathy in the case toward the victim or murder accused, Prosecutor Bernard Turner presented his opening submissions in the trial against Ashley Newbold for the 1996 slaying of Club 601 manager Joyanne Cartwright
Mr. Turner told them they must exercise “dispassionate” judgment, and come to a true verdict based on the facts and evidence presented.
He said it was the Crown that brought them to this trial, and that the prosecution will attempt to prove the intent of the accused to commit murder.
Mr. Turner said that Newbold was charged with murder, “being concerned with another” and because a person does not pull the trigger, that does not mean he should not be held responsible.
He said if a robber goes into a bank and leaves someone in a get-away-car to wait for him, the person driving the car is just as guilty of the crime.
He said it’s the Crown’s duty to satisfy the Standard of Proof, and because the Constitution envelopes the defendant in innocence, the jury must accept the facts.
Mr. Turner also advised jurors to exercise discernment in determining what is the truth.
He read sections of the Penal Code as it relates to murder, noting that the wounds inflicted on Ms. Cartwright carried no legal justification.
He said because she was shot more than three times in her chest at close range, it was apparent that whoever shot her intended to kill her.
“There is no legal justification why a young woman, in the early morning hours, should be shot,” he said.
“It was clear what the intent was,” he said.
“The person or persons who did this thing to Joy Cartwright killed her,” he said.
He said that all parties are equally as guilty of the crime.
“If there is an agreement that someone should be killed, and your job was to get the gun, and you were present when the person was killed, you are just as responsible,” said Mr. Turner.
He said that from the evidence that the prosecution will present to the court, the defendant is guilty of the charge.
He told the jury that “if someone-else is equally as guilty, that is not a matter for you.”
“Once the crown establishes that there was an agreement, then this person, shooter or not, is guilty of the offense,” Mr. Turner said.
He told them that they will hear another person’s name called during the trial, but whether they recognize it or not, it should not impact the evidence against Newbold which should lead to a true verdict.
He told the jury that they have a “heavy responsibility”.
Mr. Turner explained that the defendant was out of the jurisdiction since the 1996, and was arrested in 2001 when trying to return.
He said that he will present evidence to support that the defendant was parked by the residence of Ms. Cartwright on the night she was shot.
He advised jurors to listen carefully to the testimony of the witnesses which will come before the court, and by this, establish Newbold’s innocence or guilt.
He further advised them not to talk to anyone accept fellow jurors about the case.
Newbold’s lawyers are Kenneth Toppin and Michael Foulkes. Representing the Crown, along with Mr. Turner is Sandradee Gardiner.
Newbold is accused of the 1996 slaying of Club 601 manager Joyanne Cartwright, who was found dead on the floor of her Sea Beach Estates condo located off West Bay Street.
Newbold pleaded not guilty to the murder charge in the Supreme Court on Monday.
The matter is being heard before Justice Ricardo Marques.
By Vanessa C. Rolle, The Nassau Guardian
