Attorney seeks start of inquest 8 years later

Eight years after police killed three men, an attorney representing the interest of one of the men wrote to three state officials hoping for a start of the inquest into their deaths.

In a two-page letter dated December 4, Brent Winter wrote to Chief Magistrate Maria Busby Earle-Caddle and copied Police Complaints Authority (PCA) Director David West and Director of Public Prosecutions (DPP) Roger Gaspard, seeking their intervention. His request is for the Chief Magistrate to use her power to “enable a coroner to conduct the inquest.”

Last year, the DPP ordered an inquest into the deaths of Nkosi Borde, 28, Nigel Eminess, 21, and Hayden Honore 31. The men were killed by police in an alleged shootout on November 12, 2011. The two survivors of the alleged shootout – Shane Carmine, 25, and Clint Mitchell, 31, had eight charges laid against them by Ag Supt Stephen Maynard including shooting at police.

Three officers are subject to the inquest – Inshan Khan, Samuel Gardiner and Anton Sampson.

According to reports, members of the Central Division Task Force responded to a report of a robbery and spotted eight “suspects” leaving the scene in two vehicles. During a chase, police said they were shot at and returned fire, hitting Borde, Honore and Hernandez. The police said they recovered a .357 magnum and a 9 mm Baretta, jewellery and cash at the scene.

In his letter, Winter, who is representing the interest of Borde’s family, said he is concerned about “the inordinate delays” in the inquest that was first called on April 5 last year, and the latest adjournment taking the matter to February 12, 2020. Since the matter was first called, there has been continued adjournments with no evidence being taken.

He wrote that on the day the matter was first called, he was surprised that no witnesses were summoned or any depositions taken between 2012 and April 2018.

“Whilst I am cognisant of the staff constraints extant within the Magistracy and the exigencies of the Judicial and Legal Services Commission, it cannot be gainsaid that such an extensive delay in the conduct of a coroner’s inquest is inimical to the interests of justice.”

He added that the family feels, “legitimately aggrieved” that the matter is yet to start and they believe “they are being denied their fundamental right to access to justice and the opportunity to bring closure.”