Cop claims self-defence as bail bid fails in Bulgin murder case

WESTERN BUREAU:

The lawyers representing Constable Andrew Wilson, the policeman charged with murder in connection with the killing of Latoya ‘Buju’ Bulgin, yesterday accused the prosecution of being disingenuous, saying that in a prior meeting, they had not indicated that they would oppose bail for their client.

Bulgin, a resident of Granville, in St James, was shot dead in her community on May 17 while participating in a protest, which was organised to object the killing of her 17-year-old cousin, who died a week earlier in an incident involving the police.

In response to the prosecution’s arguments opposing bail for Wilson before presiding Judge Natiesha Fairclough-Hylton, attorney-at-law Michael Hemmings seemed surprised by the position that was taken.

“The clerk indicated to me this morning that she was not opposed to bail, and midway through my application, she got up and indicated that she was now opposed to bail. Midway through my application  being made to you, the clerk made a decision, after saying certain things to counsel, which is discourteous, dishonest, and unethical,” Hemmings told the judge.

Wilson, who was interdicted by the Jamaica Constabulary Force just hours after Bulgin was shot, was formally arrested and charged with murder yesterday, following a ruling by the director of public prosecutions. 

The shooting, which was captured on CCTV, sparked major outcry, with claims that it was not justified.

In responding to Hemmings’ disingenuous claim, Judge Fairclough-Hylton informed him that the decision on bail resides with her.

“While it is true that the clerk did so, the truth is that, even if the clerk stood up and said she is not opposed to bail, the court can still make the decision [to deny bail],” declared Fairclough-Hylton.

Prior to that exchange, Hemmings had argued that his client had no previous convictions, was not a flight risk, and had cooperated with the police and the Independent Commission of Investigations following the incident.

“On our instructions, Mr Wilson denies the allegations as they are outlined and will assert at the appropriate time that he acted in self-defence,” said Hemmings. “There is no statement or any disclosure that I have received, where the Crown is intimating that Mr Wilson is a flight risk and will abscond. There is no information I have received, nor King’s Counsel Mr Peter Champagnie, who is in the matter as well, that speaks about witness interference and witnesses being fearful or saying they have been interfered with by the police.”

But, in denying bail, Fairclough-Hylton noted that Bulgin’s death came in the aftermath of a previous incident in which another resident was killed in Granville, and that public order might be jeopardised if Wilson should be granted bail. 

“The clerk raised the point that Granville is a volatile area, and that in respect of this shooting, what was happening is that residents were carrying out what they called a peaceful protest, and that peaceful protest was in response to police officers killing another citizen of the community. It is quite unfortunate that in that protest of a police fatal shooting, another fatal police shooting takes place, and I cannot take that from my mind,” said Fairclough-Hylton.

“In respect of this matter, I look at the nature and seriousness of the offence, and also the need for preserving public order and the likelihood of the threat to public order should the defendant be released on bail,” the judge added.

Wilson was remanded until June 16, when it is expected that the court will receive an update on several outstanding documents which are to be added to the prosecution’s case file. The documents include a further statement in relation to CCTV footage of the incident, a forensic certificate for the ballistic report, the arresting officer’s statement, and transcripts of interviews with officers at the scene.

CCTV footage, which circulated on social media following the May 17 incident, shows a police officer firing at a vehicle in which Bulgin was sitting around the steering wheel, and her body being dragged from her vehicle and tossed into the back of a police pickup truck.

christopher.thomas@gleanerjm.com