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Accused Struggles To Find Defence Witnesses

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A JUDGE told Simeon Bain, who chose not to be represented by counsel in his murder trial, that he was responsible for getting his own witnesses to court to testify on his behalf. Bain was accused of killing a former Burger King manager, who he had planned to seduce and rob told.

Justice Indra Charles, after informing Bain, 41, that her court clerk, despite numerous attempts since the beginning of the week, was unable to locate the witnesses he had listed. She told him that the case would have to proceed.

“I need those witnesses,” Bain answered.

“It is the duty of the defendant in trial, represented or unrepresented, to get their witnesses. I’m bending over backwards in helping you but we must proceed with this trial,” she told him.

Bain faces charges of murder, robbery, attempted robbery, housebreaking, and kidnapping in connection with the September 19, 2009 death of 21-year-old Rashad Morris.

Morris was kidnapped from the Charlotte Street branch of Burger King and taken to the highway branch, where he had been the manager.

He was ordered to open the safe. After failing to do so, he was stabbed in the restaurant’s parking lot.

Bain denies the charges and is defending himself.

So far in the trial, the court has heard from his girlfriend that Bain was “liking a boy” at the branch, planned to rob him and had gone to BaTelCo to buy a cellphone chip to text Rashad Morris – whom she also knew as “Shanti” – under the name of “Dwayne”.

The witness said she was at the apartment when Bain pulled up with Morris and that she saw the two drive off some time later.

Bain was wearing a black coloured jean jacket, black jeans, a beige shirt and tennis shoes, the witness said, adding that he also had on beige gloves and a tam.

Bain later returned to the apartment and told her that he had stabbed Rashad, she said.

However, in his defence, Bain said that on the day in question he reported his car stolen to the police and on December 31, 2009, he was called into the Central Detective Unit where he was beaten into confessing to the murder in question.

In yesterday’s proceedings, Justice Charles asked Bain about his next move in the case due to the court’s inability to locate the witnesses he requested they help locate.

Regarding access to Batelco phone records, the judge indicated that they “need a letter from this court.”

Bain said he needed two of the witnesses, a policeman and a woman who is a relative of the Crown’s key witness.

Justice Charles said the clerk had been trying to get in contact with her, but with no success. “She can’t be located,” the judge said, before asking him if he was ready to proceed.

“I need those witnesses,” Bain answered.

“It is the duty of the defendant in trial, represented or unrepresented, to get their witnesses. I’m bending over backwards in helping you but we must proceed with this trial.”

The judge asked him if he had relatives to assist him in getting his witnessess. He said he couldn’t do much from prison but he was sure they were following his case in the news.

She adjourned the proceedings for a moment to allow him a chance to use the court’s telephone to contact any witnesses he wished to call in his defence.

The trial resumes today. Darnell Dorsett and Uel Johnson are prosecuting the case.

Comments

positiveinput 7 years, 6 months ago

Despite the charges placed against this individual, why is The Bahamas so much in the stone age and never seems to assist its citizens. If the court procedure needs to continue so badly, being apart of the government, it would be much easier to find this witness. That same N.I.B. instead of (in my opinion) just deducting from a persons pay and in return giving them 'gas money' when claiming for days lost being sick could of been a proper place to track everything about a person.

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