When asked by Coroner Linda Virgill if he shot inmate Neil Brown, prison officer Sandy Mackey declined to answer.
Testifying without his attorney, Mackey exercised his right not to respond to this and several other questions, including what type of weapon he received from officer Neko Sargent on the morning of the January 17 prison break, and how many times he fired the weapon.
Noting that during earlier testimony by witnesses, it was indicated that Brown may have been shot on two occasions, she also asked him whether the shooting took place in the bushes or on the prison bus on Yamacraw Road.
“I choose to remain silent,” was Mackey’s response to each question.
He also declined to give any information when the jury was taken to an area on Yamacraw Road where three inmates were reportedly captured.
After more than a month, witnesses’ testimony in the January 17 prison break that led to the death of prison guard Dion Bowles and inmate Brown wound down yesterday.
After a final witness is called today, Coroner Virgill is expected to sum up the case.
Officer Mackey, who is represented by lawyer Dion Smith of the law firm of Lockhart and Munroe, was implicated by earlier testimony as the officer who shot and may have killed Brown.
Mackey was recalled on Tuesday, but informed the court at the time that he had not been able to contact his lawyer.
When he was called to the witness stand yesterday morning, he was again without counsel and informed the coroner that he had still not been able to communicate with Mr Smith.
Noting this, Coroner Virgill informed officer Mackey that he could remain in the witness box and say nothing or answer the questions that were put to him, which would then be submitted as evidence.
At that point, Ramona Farquharson, lawyer for prison officer Sergeant Steven Sands, interjected and said that she would try to contact Mackey’s lawyer on her cell phone.
Corner Virgill said that she would allow it, but stated that she found it “very rude” that Mr Smith was not present to represent his client.
The court adjourned for a few minutes, however when it reconvened Ms Farquharson said that she had still not been able to reach Mr Smith.
She said his secretary had informed her that he was in the Supreme court, and apologised for his absence.
Coroner Virgill noted that it was not officer Mackey’s fault that his lawyer was not present and that it was the duty of the lawyer to inform the court of any intended absence.
Coroner Virgill then proceeded to question Mackey. Sgt Herman Major was also recalled to the witness stand yesterday.
Major stated that he was in charge of the PO’s office, which was at the front of the maximum security section of the prison.
He stated that he was also responsible for assigning officers to the maximum security block.
Officer Major told the court that he left the prison at 4am on January 17 because he had both a bank appointment and a medical appointment early the next morning.
Major said that he left Sgt Steven Sands in charge of the PO’s office.
Coroner Virgill pointed out to him that removing officer Sands from where he was stationed at the western wing of maximum security section – which was a high security area depleted the area of manpower. Major stated that he did this because he felt more comfortable with officer Sands, noting that he was of the same rank as himself.
The witness said that officers Bowles and Johnson were assigned with Sgt Sands.
He also noted that between 10:30pm and 10:45pm, officer Johnson went to the lounge area because he said that he was feeling sick.
That left officers Bowles, Sweeting and Armbrister on duty at the maximum security section that night, he said.
Major said that he had a bank appointment at the Cable Beach branch of Commonwealth Bank at 8:30am on January 17.
He said that he was also suffering from a medical condition and had a doctors appointment that day.
The officer said he left work early because he was told to get some rest before the visit. Officer Major said that he had been given permission to leave work by principal officer Gregory Rolle.
He noted that he was working the 10pm to 6am shift, beginning the night before the breakout.
Major said he did not keep his appointments because as soon as he got home, he received a call informing him of the prison break. Officer Major stated that he returned to the prison at 4:20am.
Chief officer David Forbes told the court that he arrived at the prison at 5.30am that day.
Chief Forbes said he recalled seeing inmates Barry Parcoi and Forrester Bowe at the gate lodge of maximum security section that morning. Mr Forbes told the court that he did not issue or receive any weapons that night. Greg Bowe, the brother of inmate Forrester, said that his brother, in the presence of ASP Ferguson and officer Forbes, claimed that officer Forbes had ordered the guards to brutalise him.
Forbes denied this claim. He said that Forrester Bowe never said such a thing and added that he had no authority to order the guards to brutalise any inmate.
When questioned by the coroner, officer Forbes denied that he received any weapon from ASP Farrington. He also denied giving a weapon to police, although he stated that he would have been the one in charge of the armory that morning.
Principal officer Gregory Rolle was also called to the witness stand.
He was questioned by Coroner Virgill as to where he had procured the weapon that he gave officer Neko Sargent.
Mr Rolle said that the gun, a .38 revolver, came from a safe in the PO’s office.
There were three such firearms in the safe and these were used for emergency purposes, he said.
Officer Rolle said that he never fired the weapon but gave it to officer Sargent with six live rounds.
Officer Neko Sargent, who was also recalled yesterday, testified that on the night of January 16, he received a .38 revolver from inspector Gregory Rolle with six live rounds of ammunition, but never fired the weapon.
He also directed the jury to an area of Yamacraw Road where he recalled stumbling over someone while chasing the escaped inmates.
By: Natario McKenzie, The Tribune
