7 News Belize

Man Gets Off Double Murder
posted (July 13, 2015)
He was on remand for almost 4 years for a double murder, but tonight, 27 year-old Jamie Smith is at home after he was acquitted in a Supreme Court trial before Justice Adolph Lucas.

On May 20, 2011, the victims, 18 year old Eric Arana and 21 year old Dwayne Tillett, were leaning on an abandoned car on Antelope Street Extension. They were gambling with 1 man and 2 other women who included Khiry Haulze, Juvanna Gillett and Karen Rivers when a gunman rode up on a bicycle and opened fire on the group. Everyone was shot, and Arana and Tillett died from their injuries.

Well, after 4 years, the accused, Smith, stood trial without a jury. The prosecution was allowed to present evidence against him directly to the judge. Still, at the conclusion of that case today, Justice Lucas ruled that the prosecution did not adequately prove the case against him, and so, he was obliged to acquit Smith. His defense attorney, Bryan Neal, explained to us this afternoon how he helped to convince the judge to find his client not guilty:

Brian Neal, Attorney for the Defence
"It was a trial without jury. There was one I see witness who picked out my client at an ID parade, but I was able to submit to the judge that based on what was happening at the scene at the time given the lighting, the press of people, the circumstances under which this occurred that that witness could not have seen what he said he saw. So that when he went to pick out my client at an ID parade, that was immaterial. He was mistaken as to the person who he picked out."

Daniel Ortiz
"Talk to us about the incident itself and what this witness attested to in written testimony?"

Brian Neal, Attorney for the Defence
"Well he said that on the day in question, someone appeared out of the blue and let go a barrage of shots. I think over 12 shots were fired at the scene and there were 11 bullet marks on one body and 5 on the other body. So it was a very extensive - lots of shots were fired and in those circumstances people can easily mistake the shooter and that was what I submitted to the judge and it found favor with the judge."

Daniel Ortiz
"Sir, did your client have an alibi in particular in this day?"

Brian Neal, Attorney for the Defence
"Yes he did had an alibi, but our case, I didn't rest the case alibi. I dealt mainly with the evidence of identification and I submitted that it was a case of mistaken identification and he didn't really see my client. Whoever he saw, I don't know, but the judge was not sure as is required on a court of law, you have to be sure beyond the reasonable doubt and I think that having established those, the judge could not probably convict my client."

Daniel Ortiz
"Sir, does Mr. Smith, is he out? Is he released or he is detained pending investigation for any other offences?"

Brian Neal, Attorney for the Defence
"He has no other offences pending. In fact I saw him run across Battlefield Park and he disappeared down Albert Street. So he is free and he is home with his family. Thank God."

Daniel Ortiz
"Has he ever been in contact with police prior to being charged with this offence?"

Brian Neal, Attorney for the Defence
"Only weed charges and so. No murder, nothing serious as this."

The main witness for the prosecution was one of the shooting victims, Khiry Haulze. He was deemed a hostile witness when he denied that he gave the police a statement in which he identified Smith as the shooter. When the written statement was shown to him, Haulze also denied that the signature on it was his. The prosecution also told the court that he gave a second statement. Again in second document, Haulze identified Smith as the shooter in an identification parade, but when he was confronted with it in court, he also denied that he gave this one to police as well.

Still, both statements were admitted into evidence. But, as you heard in our interview, the case was decided on the issue of identification. Haulze said in his statement that the lighting condition was good. But the scenes of crime technician who took photographs of the scene testified that there was no light. Another shooting victim, Juvanna Gillett, corroborated that when she testified that the lighting condition was poor.

Justice Lucas said in his judgement that he believed that the lighting condition was poor and Haulze did not get a good look of the shooter. He also said that Haulze did not get a good look because he was fleeing from the scene as well as the other persons who were there. Crown Counsel Portia Staine prosecuted this case.

Home | Archives | Downloads/Podcasts | Advertise | Contact Us

7 News Belize