The high-profile coroner’s inquest into the deaths of a prison officer and an inmate in January came to a dramatic conclusion on Tuesday with the coroner ordering that a warrant be prepared for the arrest of a prison officer, and his attorneys rushing to the Supreme Court and securing a stay of execution.
Insisting that their clientﾒs constitutional rights were violated, Attorneys Wayne Munroe and Dion Smith, who appeared before Justice Jon Isaacs, also want the Supreme Court to quash the entire proceedings of the six-week inquest.
That development came after a four-woman, three-man jury unanimously found Officer Sandy Mackey responsible for the death of murder convict Neil Brown, while he was on a prison bus in the Yamacraw Road area following his recapture in the early morning hours of January 17.
Brown, who was on death row for murdering Anglican Archdeacon William Thompson in 2000, was one of four inmates who had escaped from Her Majestyﾒs Prison around 4am on the date in question.
According to the foreman, the circumstances of Brownﾒs death constituted murder.
Minutes after the verdict was handed down, Officer Mackey was escorted by several police officers into a waiting police car and whisked off to Police Headquarters on East Street “due to the sensitive nature and his place of employment.”
Justice Isaacs granted a stay of execution until Friday, May 26. It means that the prison officer was free to go.
Next week Friday, the Attorney Generalﾒs office will say whether it objects to a further stay.
A constitutional motion is expected to be heard thereafter, as the attorneys seek a determination from the Supreme Court that Officer Mackeyﾒs constitutional rights were indeed violated during the coronerﾒs inquest.
Mackey, who appeared to have taken a deep sigh immediately after hearing the verdict, was not required to enter a plea.
According to Mr. Munroe, the coroner had no authority to make the order she made.
He also said that certain provisions of the Coronerﾒs Act are in breach of the constitution, a point the attorneys expect to argue before the Supreme Court.
Mr. Munroe maintains that the coronerﾒs court has no authority to conduct an inquest into a prison break, but only deaths.
Officer Mackey was not the only one jurors found culpable in the proceedings.
They also unanimously found former fugitives Barry Parcoi, Forrester Bowe and Corey Hepburn jointly responsible for the murder of prison officer Corporal Dion Bowles while he was on duty at Her Majestyﾒs Prison on January 17.
According to the foreman, the circumstances of Bowlesﾒ death also amounted to murder.
The verdict came about 45 minutes after Coroner Virgill concluded her more than two hour-long address that directed jurors on the matters they ought to have considered before reaching a verdict.
Those matters, according to the coroner, included reviewing the makeup of Her Majestyﾒs Prison, recalling the statements of the officers who worked the night before and the morning of the deadly prison break, and those of the four escapees.
“Many persons came forward and said what happened, but some did not see, hear or was caught up in the eventsﾅ.But what we have is hard evidence from prison, police and Defence Force officers, prisoners whose bars were cut and inmates who were on the C-block (of Maximum Security),” Coroner Virgill said.
“There is evidence about conditions at the prison ﾖ the non functioning equipment, the lack of equipment, the lack of personnel.”
The coroner urged the jury to weigh the demeanor and attitude of the witness and not to draw any conclusion if a witness preferred to remain silent, as was the case in at least two cases.
She further reminded the jurors that they can accept or reject the evidence, but they must all recall the discrepancies during the proceedings.
“It is important to recall the scene that morning, the behaviour of the prison and Defence Force officers. You have to weigh what one says against another before making a conclusionﾅ. Disabuse your mind of everything. The only thing you have before you is the evidence of the witnesses,” the coroner said.
Over the past six weeks, jurors heard testimony from an estimated 73 witnesses, among them police, defence and prison officers, medical and ballistics experts, a civilian, an emergency technician, police photographers and inmates housed on the C-block of the Maximum Security wing.
Several key witnesses were even recalled to the stand during the proceedings.
Jurors were also advised to bear in mind that some witnesses are intimidated by the court and that while they must also take into account the stressfulness on the morning in question, this does not mean that they ought to be “soft” on anyone.
The coroner further explained that in the case of Corporal Bowles, what occurred was an unlawful infliction that caused his subsequent death.
“We know that Bowles suffered a stab injury to the chestﾅ. We do know that he could not have done this himself because doctors say it was not self inflicted,” Coroner Virgill said.
She added that if it was determined that harm was inflicted on Brown while in the bushes in the Yamacraw Road area, jurors could conclude that this was lawful death.
“At all times remember that these persons escaped lawful custody. Any means would have been available for their recapture. They could be killed and it would be lawful. But if these persons were recaptured and handcuffed, to kill them would be unlawful,” Coroner Virgill said.
Jurors could have determined that Brownﾒs death was unlawful, came as the result of manslaughter by negligence as a weapon may have been discharged accidentally or they could have considered an open verdict, meaning there is evidence but jurors were unable to reach a conclusion.
The verdicts were not the only issues jurors addressed during their deliberations.
Upon their return, they also recommended that prisoners be treated humanely, that they receive medical attention when requested, that 24-hour surveillance audio and visual equipment be upgraded, that emergency lighting be installed and that prison officers be equipped with flashlights.
The recommendations came after several inmates complained of inhumane treatment at the prison, alleging that they were beaten, forced to sleep on the ground and denied basic necessities.
While on the stand, some prison officers also testified that essential equipment had malfunctioned.
By: Macushla N. Pinder, The Bahama Journal
