Don’t feel sorry for Pusey judge tells jurors in Peter King case

BARBARA GAYLE, Staff Reporter

Senior Puisne Judge Marva McIntosh told the jurors trying the case of 25-year-old Sheldon Pusey, who is charged with the murder of 64-year-old Ambassador Peter King, that Pusey “is not a bad-looking fellow” but they should not feel sorry for him.

The judge, who began her summation yesterday, also told the jurors that they had heard certain words used to describe the deceased.

She was referring to the words defence lawyer Berry Bryan used when addressing the jury.

Erase those words

The judge said the words used to describe King included “sadistic, pervert, piranha”. The judge told the jurors to erase those words from their minds because they must not have any prejudice towards the accused or the deceased.

Pusey has been on trial in the Home Circuit Court since January 19.

The Crown is alleging that Pusey chopped and stabbed King at his home at 11A Waterloo Road, St Andrew, between March 19 and 20, 2006. The body had a total of 30 injuries, which included four stab wounds to the chest and four chop wounds to the neck.

Pusey said in his defence that he went to King’s house about a job. He said King was attempting to “rape” him when he took a knife from a cup on a bedside table and stabbed him.

Not to speculate

The judge in her summation called on the jurors not to speculate. She also told them that in a murder case, the Crown did not have to prove motive.

“You are here to determine on the prosecution’s case whether this accused murdered the deceased,” the judge said.

The jurors were told that they were the sole judges of the facts and were called on to draw reasonable inferences.

There were no eyewitness to the murder and the judge told the 12-member jury that the Crown was relying on circumstantial evidence to prove its case.

The jurors were told that circumstantial evidence could be powerful evidence but they had to examine the evidence with care.

The judge will continue her summation when the trial resumes today.

MP, Attorney, Ernest Smith sings different buggery tune

Carl Gilchrist, Gleaner Writer

MEMBER OF Parliament Ernie Smith might just have become the butt of a new round of jokes. Despite his impassioned plea in February for tougher penalties for buggery convicts, the South West St Ann representative, who is also an attorney-at-law, was in court last week strongly defending a man charged with – you guessed it – buggery.

So strident was Smith in defence of his client in the St Ann Circuit Court that although pleading guilty to the charge, the accused was able to walk away with just a suspended sentence.

Professionalism

Smith later defended his action, saying he was upholding the tenets of his profession.

“I am a professional person; anyone who confides in me and believes in me that I will properly represent them in any case, provided I take the case, I give that person my 100 per cent expertise,” Smith explained.

Lenford Adams, 23, of Alexandria, St Ann, was brought before Justice Leighton Pusey on a charge of buggery on February 23.

Allegations presented by Assistant Director of Public Prosecutions Natalie Brooks are that on August 19, 2007, the accused entered the room of his female cousin and began fondling her, and buggered her afterwards.

Adams pleaded guilty but sentencing was put off until March 6.

No deviant behaviour

When the case was heard last Friday, Smith pleaded with the judge not to send Adams to prison, arguing that his client had never before run afoul of the law.

Based on the probation report, Smith said, his client had never displayed any deviant behaviour and co-existed well with others in his community.

Smith’s stout-hearted defence was in stark contrast to his lambasting of gays and buggery – the main sexual expression among homosexual males – in a presentation to Parliament last month.

But in court Friday, Smith changed his tune on buggery.

“My view on a particular behaviour in the Jamaican society has nothing to do with my professionalism. It has nothing to do with the quality of representation that I give every person who retains me to defend them,” Smith said.