By Latrishka Thomas
There is in fact a case to be answered by the four law enforcement officials charged with the murder of Falmouth resident, Bruce Greenaway.
This was declared by Magistrate Ngaio Emanuel-Edwards yesterday in the All Saints Magistrate’s Court before she committed the matter to the September assizes in the High Court of Justice.
In June 2020, the police arrested and jointly charged 44-year-old Jason Modeste and 25-year-old Shakiel Thomas both of Swetes, along with 20-year-old Armal Warner of Pares, and 20-year-old Aliyah Martin of Jennings for the alleged strangulation of Bruce Greenaway.
In January 2021, lawyers Lawrence Daniels, who represents Martin, and Andrew O’kola who represents Warner and Thomas, indicated that they wished to make ‘no case’ submissions on behalf of their clients because they believed that the evidence adduced by the prosecution was not enough to convict their clients.
Appearing for Modeste, Attorney Wendel Robinson chose not to make a submission.
On February 24, Magistrate Emanuel-Edwards was due to announce whether she would be upholding the submission and set the four accused free. However, she had only received a submission from Daniels.
As a result, she ruled yesterday that Daniels’ arguments were not sufficient to dismiss the case.
Also, citing personal issues, Attorney O’kola attempted to apply for an extension yesterday morning, but despite sympathising with him, the magistrate indicated he was a few weeks too late,.
Magistrate Emanuel-Edwards then proceeded to commit the matter.
Prosecutors from the Office of the Director of Public Prosecutions tendered 11 pieces of evidence to be used in the High Court proceedings.
Lawyer Peter McKnight, who was holding on behalf of Daniels — and Robinson, objected to the admission of statements made by the accused, saying that those statements had been made without the defendants being made aware that they were being investigated.
The magistrate dismissed their objections and recommended that they take their concerns before the High Court.
O’kola joined the hearing soon after and sought to object to the tendering of numerous witness statements. The magistrate made the same recommendation to him saying “you are trying to get a second bite of the cherry,” but “the boat has left.”
Thereafter, the case was officially committed. That means that sometime after September, the four individuals will be arraigned and should they plead not guilty, they will stand trial before a judge and jury.
Greenaway’s lifeless body was discovered near the shoreline of Indian Creek on April 13.