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Nov 7, 2019

Another Murder Trial Falls Apart in the Supreme Court

Enfield Ervin Fitzgibbon

Another murder trial crumbled at the Supreme Court today when the defence attorney made a no-case submission since the prosecution could not prove their case without the key witness. Thirty-year-old Enfield Ervin Fitzgibbon, who was charged with the 2017 murder of nineteen-year-old Keimar Nicholas, was acquitted in the courtroom of Justice Colin Williams in a trial without a jury. The case fell apart since the key witness, Ryan Rosado, could not be located. After the Crown closed its case, Fitzgibbon’s attorney, Senior Counsel Simeon Sampson, submitted that Fitzgibbon did not have a case to answer. Justice Williams upheld the submission and found Fitzgibbon not guilty. After the court hearing, Sampson spoke to the media about the case.

 

Simeon Sampson

Simeon Sampson, Attorney for Enfield Ervin Fitzgibbon

“Unfortunately, the prosecution was disappointed in that their key witness who said he saw the killing did not show up. That was one of these cases. Thereafter, the prosecution attempted to use circumstantial evidence in that my client was allegedly seen flinging an object into a yard. A gun was found in that yard and the forensic analyst said that that weapon was associated with the body of the dead person. But the problem was whose hand was the trigger of that gun when it fired, killing. There was where hell broke loose. Police pursued my client, they overcame him, but it was night so even though they caught upon him, the evidence is that the gun that the forensic analyst linked with the crime was found under a mat in front of a house on Mussel Street. Who put the gun there and I think that is what I used to demolish the case for the prosecution.”

 

Keimar Nicholas was shot in his neck in the vicinity of Lindo’s Alley in Belize City on the night of January twenty-third, 2017.  As a result, Nicholas was left paralyzed.  Nicholas’ family was in the middle of holding a fundraiser for him to receive treatment in Merida when he succumbed to his injuries eleven days after the incident.  Since Fitzgibbon has another case before the court, he was offered bail in the sum of ten thousand dollars. 


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