Defendant apologizes

By LEDEDRA MARCHE

Senior FN Reporter

lededra@nasguard.com

The three men accused of murdering Philip Gaitor, Jr. three years ago all gave unsworn statements in their defence yesterday, but it was the emotional account of Kevin Harvey and his apology that tore into the hearts of those in the courtroom gallery and left few eyes dry.

Harvey, 23, Renaldo Armbrister, 22, and Renaldo Bonaby, 23, are on trial in the Supreme Court before Justice Neville Adderley for the December 2006 kidnapping and murder of junior Gaitor and attempting to extort $100,000 from the senior Gaitor.

The 19-year-old's body was burnt beyond recognition and his charred remains were found in the back seat of the burnt-out shell of his 2006 Nissan Cifero in a cul-de-sac off Barbary Beach days after he was reported missing on December 7, 2006.

Harvey's attorney Donna Major told the 10-woman, two-man jury that the prosecution had failed to provide them with the necessary tools they need to find her client guilty of the serious crimes for which he is charged.

She also beseeched the jury to listen carefully to her client and take into account the testimony of Alphege Turnquest, a former co-accused turned state witness, who told the court that Harvey was the one who tried to stop Bonaby that night.

Before she opened the floor to her client, Major asked the jury to consider the testimony of who had the bats that were used to beat Gaitor with, where they came from and where police found the bats.

After standing to his feet and acknowledging the jury, Harvey turned to the Gaitor family seated behind him in the gallery.

"I'd like to tell ya'll that I am deeply sorry about what happened with Mr. Gaitor, Jr.," he told young Gaitor's parents.

"I was in the wrong place at the wrong time and I didn't know what was going to happen that night."

A tearful Harvey told the court that he was home that fateful night when Armbris-ter told him about going on "a vibe" with Bonaby and was asked to pick up Turnquest and then they went over the Casuarina bridge.

Harvey said when they arrived, he was told to park his car where it cannot be seen and then asked to wait in the bushes with Armbrister and Turnquest.

"When I look I saw a white car pull up with Bonaby and "Lil Phil," (Gaitor Jr.) in it. Bonaby jump out and Armbrister and Turnquest started beating Lil Phil," he remembered.

Harvey said Bonaby then ordered Gaitor to the ground and he complied, saying, "I'm down, I'm down."

The court then heard that Armbrister and Turnquest tied Gaitor up, put Gaitor in the car and Bonaby got behind Gaitor's wheel and drove to the old Arawak Hotel.

Harvey said he and Armbrister followed behind in his car and when they got to the area, Harvey said he asked what they were doing and he was asked, "what it look like?"

He said that's when he learned that the next plan was to call Gaitor's father and ask for $100,000 in ransom and the senior Gaitor was told that he needed to come up with the money if he wanted to see his son alive again.

Harvey said young Gaitor started to break out of the tape and they started to beat Gaitor again and that's when he put his arms around Gaitor, held him and spun him around to block him from being hit, asking them to stop.

Harvey told the court that Bonaby's response was that Gaitor had to die but he asked Bonaby to "just let him go on the beach."

He said on several occasions young Gaitor asked Bonaby, "Why you doing this to me."

The accused murderer said Bonaby then retrieved a jug full of gas, poured it inside and over the car with Gaitor inside and lit it.

Before Armbrister gave his unsworn statement during the morning session, his attorney Murio Ducille told the jury that his client need not say anything but will say something and he was urging them to listen.

Insisting that Turnquest had an axe to grind when he took the stand, the defence attorney pointed out that sometimes people can be at the wrong place at the wrong time.

He asked the jury to deal with the case with their common sense — no prejudice and no sympathy.

Armbrister explained to the jury that he never participated in the murder of Gaitor nor any extortion of Philip Gaitor, Sr. and, he added, when he was arrested at home he told police in the car that he was to see his lawyer.

"They brought this paper in the front of me and told me to sign," Armbrister said, noting that when he did get to speak to his attorney he had already been charged with murder.

Bonaby had informed the court during the morning session that he would be taking the stand in his defence, however, when it came time for him to address the court during the afternoon session, his attorney Carlson Shurland revealed that he would instead be making an unsworn statement.

Bonaby insisted yesterday that he never killed, kidnapped or had plans to kill anyone and that it was Detective Sergeant Daryl Rolle who accused him of those things.

The accused murderer also accused the police of beating him while in their custody and, he said, he never took police to a body on the night in question, but rather police carried him there.

The 23 year old also called his father Elveton Bonaby to the stand who said his son was limping when he came into the room and had told him when he went to visit him in custody that he was badly beaten by police.

The senior immigration officer said he met with Assistant Commissioner of Police Ellison Greenslade, officer in charge of the district at the time, Assistant Superintendent Clyde Nixon, officer in charge of the Complaints and Corrup-tion Unit and a Sergeant Earl Campbell of the same unit about his son's beating.

However, when questioned by Crown Prosecutor Jillian Williams, the senior Bonaby admitted that he did not see any bruises or swelling on his son's face or body, nor did he request at any time that his son be seen by a doctor.

Court is expected to resume on Thursday.

© 2009 The Freeport News