Denzil âScammieâ Sam, who has been held for the 2015 murder of Dexter âCaptainâ Rodney, will answer the charge at the next sitting of criminal assizes of the High Court.
This was the decision made by Chief Magistrate Rechanne Browne-Matthias on Tuesday at the Serious Offences Court, when the preliminary inquiry (PI) into the matter came to an end.
On December 3, 2015, police apprehended Sam, after he was identified as the gunman behind the October 1, 2015 shooting of Rodney at Rose Place. Rodney succumbed to the gunshot wounds a few months after the incident.
In an interview with SEARCHLIGHT, before succumbing to his wounds, Rodney, then 25, said he was exiting The Plant Shop on Lower Bay Street, when he was approached by a man who told him that he (Rodney) had been paid to kill him, before shooting him three times.
However, on Tuesday, following the testimony of Corporal Browne, Samâs lawyer, Grant Connell, made a no case submission, during which he was adamant that a prima facie case had not been made.
He challenged the manner in which Sam was identified, adding that the police had enough time to take a full and in depth statement from Rodney before he passed.
âThere is absolutely no evidence to guide this court that he committed this act,â Connell said.
He asked the court to dismiss the charge because the evidence produced did not reach the standard to warrant the matter proceeding to the High Court for trial.
However, senior prosecutor Adolphus Delpesche held that the prosecution had, in fact, made out a prima facie case.
He quoted the judgement made by Lord Wilberforce in Ratten v The Queen 1972 and maintained that it was for a jury to decide whether or not Corporal Browne or the deceased had lied.
The Chief Magistrate found that there was a case to answer and it was remitted to the High Court for trial.
She then explained that the preliminary inquiry was not a trial and her job was to determine if there was sufficient evidence for Sam to stand trial at the High Court.
Browne-Matthias added that Sam has seven days to provide the names of his witnesses and say if he has an alibi. `
Besides being charged with attempted murder, Sam was also charged with having a .380 pistol in his possession, with seven rounds of .380 ammunition, a charge that landed him a six-year prison term. (AS)