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16-year old testifies at murder trial
Witness delayed going to police
By: Carol Winker | carol@cfp.ky
2 September 2010

Attorneys for the three men accused of murdering Omar Barton Samuels on 5 July, 2009 spent most of Tuesday questioning the Crown’s first witness, a girl of 16 who gave her evidence via video link

Patrick McField, Osbourne Douglas and Brandon Leslie Ebanks are accused of committing the murder together through what Solicitor General Cheryll Richards referred to as common design.

The girl said she was talking with Mr. Samuels when “the three boys”, whom she knew, came around the corner. Douglas said a few words and McField told his companions “Unna deal with him”. She said Douglas and Ebanks had guns. Those two and Mr. Samuels began fighting; punching and kicking, and Mr. Samuels backed away and fell against a fence. Then shots were fired. The girl said she and a friend who was with her ran from the scene.

Questioned by Trevor Burke QC, who represents McField, the girl said she did not tell her mother what she had seen because she did not want to cause her stress. She did not tell the police because she didn’t think it was necessary. She and the friend who had been with her that night went to police on 29 July, 24 days after Mr. Samuels died, because she said McField had threatened her and Douglas was coming around the house.

When it was suggested that she was not at the scene and that a former boyfriend had told her what to say, she denied that either was true.

Alistair Malcolm QC, who represents Douglas, asked how she could identify one of the men as Douglas, since he had a scarf around his face. She had said she saw the front part of him, his face and his eyes. Questioned further, she said she recognised his voice.

Under questioning by Nicholas Rhodes QC, who represents Ebanks, the girl said Mr. Samuels was alone when she saw him. When the fighting began, Mr. Samuels was fighting the other two men off, although he had only one hand. He did not draw a gun, she said. She told the court she did not see Mr. Samuels get shot. Reminded that she had said in the magistrate’s court she saw that they had shot him in his leg, the witness said that was a misjudgement of her speech and she apologised for the misinterpretation.

When Ms Richards resumed questioning, the girl said she had not had long conversations with Douglas, but she knew his voice because she had heard him speaking to other people. She said she did not have any reason to make up anything against the defendants.

The jury has heard that Mr. Samuels was 28 and Osbourne Douglas is 23, but the ages of the other two defendants have not been given.

 
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