'Hostile' state witness ends 'testimony' at cops' murder trial

Israel Khan -
Israel Khan -

WOMAN police constable Nicole Clement has completed her testimony at the trial of six of her former colleagues who are charged with the 2011 murders of three Moruga friends.

Clement has spent four days on the witness stand as the prosecution’s main witness in the trial of the six police officers charged with the murders of Abigail Johnson, 23, Alana Duncan, 28, and Kerron “Fingers” Eccles on July 22, 2011.

She began her testimony on Monday, but was deemed a hostile witness by Justice Carla Brown-Antoine who is presiding over the trial of Sgt Khemraj Sahadeo, along with PCs Ronald Riveiro, Glenn Singh, Roger Nicholas, Safraz Juman and Antonio Ramadhin.

Clement was also charged with the murders, but those charges were discontinued after she was given immunity to testify against her six colleagues.

After she was deemed a hostile witness, the testimony she gave at the preliminary inquiry into the murders at the Princes Town magistrates’ court in 2013 was read to the jury as her evidence in chief.

She was then cross-examined by lead prosecutor Gilbert Peterson, SC, and repeatedly told him she would not be speaking further on the matter.

Clement adopted the same position under cross-examination by defence attorneys, Israel Khan, SC, and Ulric Skerritt.

On Thursday, after Skerritt’s questioned her, she was released as a witness by the judge.

From her evidence at the inquiry, she claimed two of the three Moruga friends – a man and woman – initially survived the “gunfight” at Barrackpore and were taken to a lonely road off the M2 Ring Road, Woodland, where they were executed.

Her evidence at the inquiry also detailed steps her colleagues allegedly took to cover up the killings and her signing a report prepared by two of them, which she testified was false.

Clement testified that she did so because it was “normal police culture,” where “everyone sticks together and writes the same report…One squad, one song,”

On Thursday, she was shown CCTV footage obtained by police from an auto parts place at the corner of Gunness Trace and Rochard Douglas Road, Barrackpore, where the seven police officers, all assigned to the robbery squad of the San Fernando police station at the time, allegedly shot at a white Nissan B15 which the three Moruga friends were in at the time.

In his opening address, Peterson claimed the officers were targeting Duncan’s common-law husband, Shumba James, who testified earlier in the trial. James narrowly escaped because he went in a friend’s vehicle, while the trio followed in the Nissan B15 that he was known to have used.

Khan questioned her on the CCTV footage to counter evidence she gave at the preliminary inquiry, but was met with silence.

He also questioned her about the plea agreement she entered into with the Director of Public Prosecutions and alleged statements she gave in April, to the DPP, in which she alleged she was the mastermind behind the killings and to inform him she would not be testifying about the Moruga triple killings.

Clement was asked if she was aware if she decided not to abide by the terms of the plea agreement, she could be charged with the murders and if her about-turn was because the DPP would know she was lying.

She did not respond.

“You have the audacity to say you are not giving evidence at the trial?” Khan asked a non-responsive witness.

She also refused to look at the alleged handwritten, signed statements to the DPP, or identify her handwriting or signature.

“You are quite aware if you don’t give evidence, the immunity will be withdrawn?” Khan asked.

Silence.

During his questioning, Khan accused Clement of lying in claiming to be the mastermind behind the killing of Duncan and Eccles on a lonely road, off the M2 Ring Road, Woodland, and of threatening her colleagues to follow her orders.

“That never happen. I put it to you you’re lying on yourself…If you can lie on yourself, who else can you lie on?

“If you gave this statement, you’re wicked and evil.”

Khan also asked, “What were you trying to do?”

He suggested she “foolishly thought” by saying she would not be giving evidence, that the DPP would not seek to have her testimony at the inquiry tendered into evidence.

As Khan read from the preamble of the Constitution and reminded her of the oath she took as a police officer, he told the witness she was betraying the latter by her decision not to give evidence before the jury.

“Are you a child of God or a disciple of the Devil? Let me put it to you: not even a child can believe you.

"You have no moral or spiritual values or respect for the rule of law… wicked, malicious, nefarious, sinful and not a word coming out of your mouth?

“...You consider yourself a Christian?

Khan also pulled out a deya during his cross-examination but had to be admonished by the judge.

He further questioned her on her account of what took place at the two alleged crime scenes in Barrackpore and off the M2 Ring Road, pointing out what the post-mortem report on Eccles said.

“You have a vivid imagination…You could compose a story.”

Skerritt questioned her on her stance not to give evidence at the trial because of “safety and security” concerns, her alleged recent statements, details of the plea deal with the DPP and her testimony at the inquiry.

“Why are you making up stories? Why are you lying to these people?”

He, too, suggested she concocted evidence and tailored her statements to the police.

Khan did the same on Wednesday.

At one point, Clement closed her eyes when shown photographs of the second alleged crime scene off the M2 Ring Road as Skerritt questioned her about her previous evidence.

He also asked why, as a junior officer on the squad, the officers take her on “their mission to kill” or why she went along when orders were allegedly given to “finish” off the two civilians.

“...Tell the jury something,” Skerrit told the witness after asking a series of questions and getting no response.

The trial continues on Friday. Also representing the six police officers is attorney Arissa Maharaj while Elaine Greene, Giselle Ferguson-Heller and Katiesha Ambrose-Persadsingh are also representing the State.

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