Testimony of witness disputed in murder case

One witness in the murder trial of Agassi Fraser has disputed the evidence of star witness, Marlon Brando Lockhart, that murder accused Odinga “Boomsa” Foster came to her house at Level Garden around 4:30 a.m. in a taxi on the night in question.{{more}}

Prosecution witness, Aisha Audain told a 12-member jury that sometime in September 2009, Lockhart, who is her friend, was at her home having a conversation with her, when, between 8 and 10 p.m., Foster came to the door and asked for Lockhart.

She said she went to the window and he (Foster) asked if Lockhart was at home.

“I told Brando that someone was outside to him and he went outside. They went to a corner of the house and were sort of whispering,” she testified.

In his testimony, Lockhart told the court that sometime in September, at around 4:30 a.m., Foster, a former loans officer at the Kingstown Cooperative Credit Union (KCCU), came in a taxi to where he was at Level Garden, at the home of Aisha. He said Foster told him he needed help to move “something”.

Continuing her testimony, Audain told the court that Lockhart, after speaking with the accused, came back to the house, put on his shoes and left.

The witness further testified that there were about four to five persons in the vehicle in which Brando left.

Under cross-examination by defence counsel, Kay Bacchus-Browne, Audain told the court that she never slept in the same bed with Lockhart nor did he ever sleep at her house.

Lockhart had told the jury that he was asleep around 4:30 a.m., when Audain woke him up and informed him that someone was outside to see him. He also, during cross-examination by Kay Bacchus-Browne, denied that four to five persons came in the taxi and was adamant that it was the accused alone who came.

Fraser’s lifeless body was discovered on October 10, 2009, lying face down in the Arnos Vale river.

He was last seen alive two days earlier.

His disappearance was reported on Friday, October 9, the same day a $60,000 ransom was demanded.

Lockhart had testified that when he and Foster got to Arnos Vale after 4 a.m., he assisted the accused in removing a body from his apartment and dumping it in the river.

According to the testimony of prosecution witness George Daniel, of Fountain, on October 10, at about 5 a.m., he was in bed when he heard a loud banging on the door.

“I asked who it was and the person said it was Boomsa. I asked how you get into my yard and he said he jumped over the fence…,” Daniel said.

Daniel testified that he knows the accused very well through his mother. He said that he spent time at his house while he was a student.

Daniel said when he asked Foster where he was coming from, he told him that he was coming from his girlfriend.

“He said he didn’t have credit on his phone and he asked me if I could lend him my phone…”

Daniel testified that Foster made some calls, one of which was for a taxi to come and take him home.

“He asked if I could drop him home, but my car had no brakes at the time. While there, he (Foster) got a call on his phone…,” Daniel said, adding that he did not hear what Foster said during the telephone conversation.

According to Daniel, the accused then asked for a change of clothes, which he gave to him.

“He asked me for a bag to put his clothes and I said ‘Boomsa, you know where the bags are.’ When he was about to leave, he asked if I had any money and I gave him $20….”

He further stated that when Foster was leaving his home, Foster told Daniel not to tell his (Foster’s) mother he was at his home.

Daniel also said it was the first time the accused had come to his house around that time.

However, Daniel said he did not grant Foster’s request and later that day, he told Foster’s mother he had been at his house.

During cross-examination, Bacchus-Browne asked Daniel if he knew that the mother of the accused was a strict woman and that she did not like him sleeping out.

Daniel said he did not know.

“She did not want her son sleeping out and that why was he told you not to tell her he was there,” Bacchus-Browne put to Daniel.

He said he was not aware of that.

The case continued on Monday at the High Court, with investigating officer Sergeant Atland Browne on the stand.

Bacchus-Browne made certain objections to Browne’s testimony and in the absence of the jury, a voir dire was held.

At about 2 p.m. Monday, Assistant Director of Public Prosecutions Colin John requested an adjournment in the matter, so that he could research some aspects of the law in relation to the case.

Presiding judge Frederick Bruce-Lyle granted the adjournment.(KW)