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New Judge sits on first murder trial

GeneralNew Judge sits on first murder trial

by Roy Davis (frelance reporter)

BELIZE CITY, Wed. Oct. 25, 2023

The trial of Marlon Everett, 33, aka “Yankee”, charged with the murder of Albert Johnson, began last week before Justice Candace Nanton, a new judge the Government has hired.

It’s the first trial in Belize for Justice Nanton, a native of Trinidad.

Johnson was shot and killed at about 10:00 p.m. on April 20, 2018, on Rectory Lane. A video footage that was admitted into evidence, showed four male persons walking on Rectory Lane, heading towards Southern Foreshore. One of them, identified as Johnson, was walking ahead of the others, about 6 feet from them. Suddenly, one of the three came up behind Johnson and shot him twice in his head from point blank range. Johnson fell to the ground, mortally wounded. The trio then turned around and ran in the direction of the junction of Rectory Lane and Regent Street.

To prove its case the Crown, represented by Senior Crown Counsel Sheneiza Smith, used 11 witnesses. Eight of them testified from the witness stand, while the statements of the other three, who were agreed witnesses, were read into evidence.

The main witness for the Crown was Jayden August, 19, who was walking on Rectory Lane and was one of the four. It’s alleged that it was August, a minor at the time, who took the firearm from the waist of his pants and handed it to the shooter, whom he referred to as Yankee in one of the two statements he gave to the police.

August was declared a hostile witness when he took the witness stand and contradicted some of the things he said in his statements. His statements were, however, admitted into evidence, the one he gave on April 25, 2018 and the other which he gave on July 11, 2019.

Another key witness for the Crown was police corporal Rollington Fuller who testified that he recognized Everett as the shooter in video, not only from his facial features, but also from his body structure. Fuller said he has known Everett for about 10 years. But Justice Nanton will be the fact finder who will decide whether the video was clear enough for the shooter to be identified.

Today, after the Crown closed its case, Justice Nanton told Everett of his three options. She explained to him that he can remain silent, or he can give a statement from the dock, or he can take the witness stand and testify. She further explained to him that if he gives a statement from the dock he cannot be cross examined, but if he chooses to testify, he may be subjected to cross examination. She also told him that giving a statement from the dock will not carry as much weight as testimony from the witness stand.

Everett chose to give a statement from the dock. He said that on the night of the incident he was at home with his wife when they heard gunshots. He said he then saw neighbours come out of their homes to see what was going on. He stated that the following day the police came to his house and told him that he is wanted for the murder of Johnson and that they have video evidence to prove that he was the perpetrator. Everett said that on April 22, 2018, he was charged with Johnson’s murder, something that he knows nothing about.

Senior Crown Counsel Smith then gave her closing address and attorney Brian Neal, who is representing Everett, asked for time to prepare his closing address. He was given until Monday, October 30.

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