By Christine Larbey

The circumstances surrounding the death of Wilberforce ‘Burt’ Norville made local headlines for weeks in 2003. The 24-year-old who belonged to a prominent local family was stabbed at a birthday party held at the Bonne Terre home of Omar Boyea on November 9. He later died at hospital. Since his death a young man has been on remand at Bordelais charged with his murder.

(Meanwhile the Norville family two years ago brought a civil suit against the state for negligence stemming from the events at Victoria Hospital before Norville died. Justice Sandra Mason is yet to rule on that matter.). Nearly five years since Burt Norville’s death, the nation has obviously shifted to other issues. But in the local courts Norville’s death has been the focus for the past three weeks as the now thirty-year-old accused went on trial for murder. The case which had some shocking revelations was heard before presiding Judge Kenneth Benjamin. The STAR brings you segments of the trial in a two part series.

During the lengthy trial described by Justice Benjamin as " no ordinary one" twelve witnesses gave evidence. Six voir dires (trials within a trial) were held. The Acting Commissioner of Police John Broughton was summoned to appear before the judge. Likewise a representative from the Attorney’s General’s Chambers. The Victoria Hospital record keeper was also called in.

Appearing for the accused was Trinidadian lawyer Leon Gokool and local lawyer David Moyston. On day one Senior Counsel James Wood opened the case for the Crown before a twelve-member jury. Two alternate jurors had also been selected to sit on the panel.

Wood had estimated the matter would last a week. As things turned out he was way off course! Wood told the jury that on the Saturday night Omar Boyea had held a birthday party at his residence. The house Wood said was on three levels. A driveway sloped down from the road. There was a garage. A tent had been erected. There was a BBQ and music.

"People started to arrive around 7pm. Between 8 and 10pm three people arrived uninvited. People at the party did not know who they were. The accused is described as having cornrows, wearing a greyish white shirt. His brother is described as wearing a bluish shirt. Sporting a normal haircut."

The party continued without incident said Wood until it started to rain. "People began looking for shelter under the tent. There was an argument between the accused brother and some guests. A group went up the driveway ushering out the accused brother. Burt got into some form of exchange of words with the accused brother. They grappled in a ditch. Neither had a weapon. At one point Burt got the upper hand and may have been above the brother."

Woods continued: "The accused then took a decision that had disastrous consequences. He went to a car. Got himself a knife. Burt and the accused brother were still wrestling. On the way the accused approached guests and stabbed one. Then he wielded the knife at other guests. He then went to the ditch and stabbed Burt twice. Once to the right shoulder, another to the abdomen. It went 15cms deep, cutting him in and out, reaching the vertebra."

Woods said that as "a result of a problem with the supply of blood" at Victoria Hospital Norville was transferred to Tapion Hospital where during surgery he died. The accused said Woods had given a voluntary statement to police the day after the incident. "He accepted that he went to the party. He had decided to leave after it had started to rain. He had seen his brother and the deceased wrestling. He saw the deceased holding his brother. He accepted he took a knife to help his brother. He said he tried pulling the deceased arm away from around his brother’s neck. He accepted that he pricked the deceased."

Wood said that Norville "did not have a cutlass." And that the accused "knew exactly what he was doing." "He attacked others on the way to rescue his brother. It was not a life-threatening situation until the accused arrived. He intended nothing less than the allegation of murder." Woods called his first witness who had flown in from Bermuda. Accountant Telina St Rose, Norville’s girlfriend of ten years set the scene. She and Norville had arrived at Boyea’s house at about 11pm.

"I knew people there, she began. "I moved about the party. I was in the games room in the house. Next to the garage was a tent. Someone spoke to me. I went up to the top of the drive to the road. I saw Burt and the guy in a blue shirt, I had not seen him before, and he was dark in complexion, plain hair. Other people were there. There was a guy in a white shirt. I had not seen him before. He was lighter in complexion, with cornrows. I saw an argument going on between Burt and the guy in the blue shirt. I heard what was said. I can’t recall at that point where the white shirt was. Burt and the guy exchanged words. Then there was a scuffle. It ended up in the gutter. It ended up by them rolling in the grass." St Rose said she was "right next to them."

"I grabbed Burt’s shirt and tried to pull him away while he was in the drain. While in the process of doing that somebody grabbed my shirt and tried to pull me away. The scuffle continued for less than five minutes. I was trying to get at Burt. The scuffle in the gutter—all of a sudden Burt went still. He was in the gutter lying on his back I could see his face. I can’t recall where the blue shirt was. I was two feet away from Burt. The guy with the white shirt was two feet away from Burt, I can’t say for sure, he was holding a knife. He was asking Burt if he wanted more.

"It was a long knife, ten inches wide to the bottom. Narrow at the top with a jagged edge. He was waving it about asking if I wanted more. I starred him in the face. I realized that Burt had got up. I went to look for him. I found him at the bottom of the driveway. He was clutching his wounds on his body. The man in the white shirt—I do not know what happened to him. Burt was asking for an ambulance to take him to hospital. The man in the blue shirt—I didn’t see him holding anything."

St Rose admitted under Moyston’s cross-examination that she couldn’t recall what the man in the blue shirt had looked like! She had not seen the man in the white shirt rolling around with Norville. She could not recall Norville getting involved in any other scuffle that night. The most important question however came from the jury. "Did you see the guy in the white shirt attack the deceased?" "No," replied St Rose.

From then on all the witnesses except one described the accused as "the guy in the white shirt" and his brother as "the guy in a blue shirt." Throughout the trial only one person identified "the guy in the white shirt" as the accused! On day two the jury spent most of the day in the jury room. Gokool launched into legal application after legal application, accompanied by his own unique courtroom theatrics:

There had been "absolute no positive identification of the accused" as the person who had inflicted the wound. There was "absolutely no nexus or link" because St Rose had not seen the accused stab the deceased. The prosecution was seeking to manipulate the process of the court. The "circumstantial evidence was being stretched" and was a further abuse because the prosecution had based its case on eyewitness evidence alone. The medical report of the accused brother "who had also been chopped that night" had not been disclosed. That there had been "woeful neglect by the DPP" in not disclosing all documents relating to the case."

"The medical report of the accused brother is an integral part of the police investigation," Gokool told the judge. "The brother was arrested at the hospital for Wilberforce’s murder. A letter to the DPP of March 2, 2004 was sent to the DPP requesting disclosure of vital information which is sufficient to destroy the prosecution case. I have not received all documents. I have not received copies of photographs, which is crucial to the defense. I have asked for expert statements connected to a parallel matter.

I want the document charging the brother for murder. I want the station diary, which can be used to contradict witnesses. I want a list of all disciplinary matters regarding police officers to be able to challenge their credibility. The law in St Lucia is that the prosecution has to give me everything. I also want a list of the witnesses that were interviewed by police and who the prosecution are not using."

The judge subpoenaed the acting Commissioner of Police John Broughton to come up with the diary. The AG’s office was to hand over documents relating to the civil matter. Woods was to go about getting other documents. The judge’s ruling had sent everybody scurrying all over the place to retrieve the requested documents.

At the appointed time acting Commissioner Broughton walked into the judge’s chambers. An hour later Wood walked in with a dusty tattered station diary that apparently for the last five years had been lost. Other original documents were produced, but alas the court photocopier had broken down and so the continuation of the hearing was not for the first time delayed.

On day three the inquiry regarding the requested documents continued. The jury again spent most of the day in the jury room. The original police file could not be found. The AG’s office however had sent along their lawyer complete with the civil papers. Lawyer Lorne Theophilus showed up and took to the witness box.

"I had assisted Mr Marcus Foster at the PI when a fiat was granted in the prosecution of this case. I did not see the original copy of the police file but I had a copy made for my purposes. I have that copy. The item I am holding has my notes and all information. At the PI various disclosure was requested by the defense . . ." Theophilus continued by informing the judge that he had "handed over our copy to the judge."

Wood replied in part. "With reference to the charge sheet referring to the accused brother I have not seen it. I have not seen it in the police file. All had been disclosed to the Chambers of Bryan Stephens. In relation to the photos I have not seen them. I can’t say with 100 percent certainty that they were taken." Justice Benjamin: "If necessary we will have the police photographer brought here to explain."

Wood: "The investigating officer is of the view what photos were taken. We do not know what happened to them. Police Officer 624 Jules took the photos." Justice Benjamin: "How quickly can we get him here?" At the end of the extensive inquiry the prosecution was given an opportunity to find PC Jules! The next day the saga continued with Wood explaining out of ear shot of the jury that he had spoken to the investigating officer regarding an alleged missing eyewitness statement apparently taken from Stephen Fevrier who had been at the party that night.

"Another police officer may have taken the statement. The investigating officer says he did not take the statement. PC Jules has been contacted and is at home. He is in sole charge of his son and is not able to come to court. He accepts he had taken the photos. He is not able to locate them. He is unable to confirm whether the file was developed." Gokool made further legal submission.

On day four again out of ear shot of the jury the officer in charge of the Victoria Hospital medical records testified that the accused brother had received urgent medical treatment at the hospital on the evening of November 9, 2003. "The patient was not officially discharged. But took self discharge and was released from our responsibility." The jury returned. However there was a problem. The judge said that it concerned juror number nine.

"There is a situation that has arisen that I have to act upon. It is not a reason which I will publicly announce." Male juror number nine was asked to approach the bench. The man stood before the judge flanked by Wood and Gokool. Minutes later juror number nine exited the courtroom. He was replaced by one of the alternate jurors. At a previous session one lady juror had reported sick and was replaced with an alternate juror. However the lady juror turned up the next day and took up her seat on the panel. Apparently she was not informed that she had been replaced! And for a few hours the session continued with thirteen jurors until the judge noticed the error. The woman was apologized to and sent home! Thus the proceedings continued with the required twelve good men and women. Actually ten women and two men.

Over the coming days Wood called eyewitnesses who basically told different stories of the event. One was particularly arrogant and cocky. At times he would try and question Gokool without success! "You did not in your statement," Gokool asked the witness, "say anything about the person in the white shirt stabbing Burt." The witness nodded. "They were treated at the party as invited guests?" asked Gokool. Answer: "Yes."

Gokool: "By Auntie Jackie. They were talking to her and her husband. Correct, liming with people. Correct?" "Yes." "You were all pushing them out of the driveway. Correct?" "Not pushing." "Burt was there pushing them? Correct?" "Yes." The witness had been on the stand for a day. Mostly under cross-examination from Gokool. Finally he admitted that he had not seen all of the fight!

Another eyewitness testified at one point there were three people in the drain. The accused brother was under Burt. Burt was holding him by the throat. The accused was on top of Burt punching his back."I saw what looked like cuffs to Burt’s back. At the time Burt was fighting with the other guy who was underneath him." Gokool asked this witness: "Why would Telina St Rose give a completely different story, which is opposed to yours?"

Answer: "I don’t know."Adding, "I don’t know if Burt had a firearm or if his father had one. But Burt was on top of the guy (the accused brother) and he was punching him with his fist."Gokool went over his statement. To which the witness replied: "I don’t see why you should go over my statement!" Gokool replied: "Because you are beating the drum and dancing for yourself."

Wood tried to clear up the inconsistencies and contradictions and then called his next witness, Omar Boyea who was an accountant with "a few business interests." Hands in pockets he told his version of events. Once again it differed considerably from previous witnesses. However he confirmed that that night there had been two scuffles. Again Boyea tried to dodge Gokool’s questions.

Thumping the desk Gokool got to the meat of the matter."Answer the questions. Answer! You are playing games and I want you to answer the questions." Finally Boyea conceded: "Yes Burt was pushing them up the hill. I then saw Burt punch the guy twice. Burt was pushing before the punch." Gokool: "Burt was physically touching these persons?" Boyea: "Yes. Yes he had to use force—obviously." Gokool: "No attempt was made by the group to bring Burt back down the drive way before the fight?"

Boyea: "The situation was somewhat being diffused until Telina arrived." Gokool: "You were drunk?" Boyea: "I drank alcohol." Gokool: "Was Burt drinking?’ Boyea: "I assume he was. I can’t recall having a drink with him." Gokool: "But he’s your very good friend and your intentions in coming here is to paint him as a Saint. A decent person, making peace. So you would not lie. So Burt Norville was the first person to use physical force on the so-called uninvited guests. Yes or No?"

Boyea remained silent. Gokool repeated the question over and over. "He was the first person to put his hands on them by pushing them up the hill?" Answer: "Yes." Gokool: "You knew Burt Norville, you were so close and yet you do not know if he had a firearm or a valid license? Finally Boyea: "I did not see how Burt got injured." Jermain Mens testified that he was a friend of both the accused and his brother and had taken them to the party. He knew Burt well and mostly all the other guests. He identified the accused sitting in the box as Shermond Rosemond coincidentally also known as "Bert."

"I separated the fight under the tent. I held the accused brother’s pants and said let’s all go. The fight stopped. We were about to leave. The quarreling was going up the driveway. Burt was there. I saw Shermond punch Burt. Burt said. ‘But I’m trying to cool you out and you hitting me.’ They were all quarreling. They reached the road. I was asking Shermond let’s go. I thought they (accused brother and Shermond) were behind me. I went to my car.

They were not behind me. I went back. I saw Shermond in the drain. I saw Burt on top of the accused brother. I saw Shermond on top of Burt. I saw Burt punching Shermond’s brother. He was lying on his back. Then Shermond and his brother left. I was walking with them to the car. The accused brother had a gash to his arm and a busted head. All three of us went to Victoria Hospital. There somebody was taking someone out of a flat van. It was Burt Norville. The accused brother went for treatment."

The jury was sent out. Gokool launched another lengthy legal submission alleging that the investigating officer had attempted to hide evidence pertaining to the accused brother. "This is flagrant and violent in not disclosing this very important information to us," blasted Gokool. "I can’t take no more of the prosecution’s flagrant breaches. Because of the accused brother’s arrest, the accused has suffered prejudice and the defense case is weakened without the medical report."

Gokool also stated that since his client had been charged with murder he had no idea whether the DPP’s office as a matter of law was seeking the death penalty should his client be found guilty. Wood returned the next day and informed the court out of earshot of the jury that the Crown would not be seeking the death penalty and that PC Jules was on his way! The court recessed. Meanwhile a court clerk who had decided to take a breath of fresh air out on the pavement became a police officer of sorts!

While standing there he had witnessed a mugging in progress and had done a Ben Johnson all the way to the Castries river bridge, where he rugby tackled the fella to the ground all in an effort to make a citizens arrest! The trial proceedings were again held up because he had to go home to change his now muddy shirt and trousers! However when he finally made it back to the courtroom the gathering erupted into a round of applause!The jury was sent to the jury room. PC 624 Alexander Jules from the Crime Scene Unit took the stand.

He testified that three days after the incident he went back to the "crime scene" on the orders of Corporal Charles. "Charles showed me a grassy area which was disturbed. I took exposures of that area. I kept the exposed film in my custody. I returned to the criminal records office and placed the exposed film in a filing cabinet. A week later I returned to the same filing cabinet and searched the area where I had placed the film. I could not find it. Since then I have gone through four different locations looking for the film. My efforts were futile. I never found the film. I have looked for them over ten times. Even given more time I will not be able to find them!"

Gokool asked him what procedures had been in place."The filing cabinet is not secured," said Jules. "It has no keys. All crime scene examiners had exposure to the cabinet. Since 2003 it has been like that." Gokool: "When you discovered them missing did you make a report to your immediate superior?" Jules: "Yes. But I can’t remember who. The Sergeant in charge of the shift." Gokool: "Was an investigation launched?" Jules: "No."

During a subsequent session the jury would hear Jules who also testified that he had taken photos of Burt Norville’s post mortem. Which had also disappeared! Corporal 910 George Charles was a CID officer stationed at Gros Islet Police Station at the time of the incident. He has since been transferred to Soufriere. "I was the investigator," he said. "I was assigned to investigate the matter by my supervisor Corporal Luke De Freitas. I proceeded to the home of Omar Boyea. A few other persons were present. Other officers were there, I don’t remember who. I am not one hundred percent sure if I received all the statements. I haven’t seen a statement pertaining to Stephen Fevier."

Gokool questioned the Corporal on the Police Standing Orders and rules on procedures with specific reference to the making of notes in pocket books, the station diary and other journals. Although the Corporal was fully aware of the procedures he had not for some unexplained reason followed them. Yes he had made notes in an investigation diary but could not find it. He had not recorded anything in the station diary, as required by law, because it was not his responsibility. He was not aware of who took statements from whom. Nor could he say who came to give statements.

Again the jury would hear of the Corporals revelations into the police investigation into the death of Burt Norville. Needless to say no knife or anything of forensic interest was recovered from the scene or otherwise. Hamish Edwards’ another friend of Norville told his unique story. Most of what he said had contradicted the stories of other eyewitnesses. Even with the help of his own police statement he struggled to get the story right!

Kimran Avril, another of Burt’s friends testified that he had got stabbed in the back during the melee but didn’t know by whom. "I saw two or three guys fighting trying to get them off the property. The white shirt came to the defense of the blue shirt. After I fell to the ground. The cornrows jumped over me and went into the direction of the fight. I don’t recall where the others were. I don’t recall what Telina was doing when the fight started. I have no idea what hit me." The conclusion of the Burt Norville trial will be in your weekend STAR.