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Jury To Decide… What?

A jury will have up to two hours on Tuesday to submit their verdict after an anticipated summing up by Coroner Linda Virgill.

Incomplete submissions by lawyers led to a delay in Virgill summing up the case and the seven-member jury making a decision on the circumstances that led to the deaths of prison guard Dion Bowles and inmate Neil Brown on January 17.

Both were killed during an early morning breakout at Her Majesty's Prison.

On Friday, Coroner Linda Virgill allocated time to hear from counsel in the matter before making her summary.

As those submissions from counsel were incomplete, Mrs Virgill advised the jury to return to court at 10 a.m. on Tuesday.

Outside the court, Director of Public Prosecutions, Bernard Turner, who marshalled the evidence with Neil Brathwaite outlined the options available to the jury.

He said that they could make one of several possible determinations, namely: 1. They could find that murder had been committed but were not satisfied with the level of evidence to indicate a particular person(s) responsible; 2. They could decide that the killing was unlawful, with someone in mind and have the matter referred to the Attorney General's Office for prosecution; or 3. The jury could return an open verdict indicating they were unable to make any determination.

Turner emphasised that the Coroner's court was not one where at the end of their determinations a sentence or conviction would be handed down.

The panel will have an hour to come to a decision after the coroner sums up. If necessary time is needed they could be given an additional hour.

At the end of those two hours, he said, they would have to apprise the court of whatever findings they arrive at.

However if the jury does not find anyone culpable, but there is evidence that a crime has been committed by someone, charges could still be brought, based on the availability of the evidence.

Over the last six weeks, a total of 73 witnesses have been called.

It has not been outlined which of the four escapees, Neil Brown, Forrester Bowe, Barry Parcoi, Corey Hepburn, or any other person, fatally wounded guard Dion Bowles.

Additionally, the question as to whether Neil Brown was shot in bushes before his recapture or on the bus after he was arrested, remained a moot point.

Jurors also viewed surveillance footage from the prison on the morning of the breakout.

At about 4:10 a.m., Corporal Bowles was seen walking in the corridor of cellblocks C-16 through 24. As he appeared to be leaving the area, the lights went out just before he reached the exit of the corridor. Bound and motionless, he was removed by four of his fellow officers at 4.25 a.m.

By: JIMENITA SWAIN, The Nassau Guardian

Posted in Headlines

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