NASSAU, BAHAMAS – A woman whose brother was killed during the 2013 Fox Hill mass shooting yesterday castigated the delivery of justice in The Bahamas.
Attorney Geoffrey Farquharson continued his cross examination of Euphemia Davis before Supreme Court Justice Deborah Fraser.
Farquharson represents defendant Justin Williams.
Euphemia Davis was once again prompted by Farquharson to recall what she saw and experienced the night her brother Claudezino Davis was killed next to her and her other brother Chino Davis was shot in the face.
Farquharson asked Euphemia Davis to confirm what she had told police in her statement years ago, that she saw the vehicle slow down and she heard someone say “shoots” as if the gun had jammed.
He asked her whether the vehicle stopped “a distance” away from where she was sitting and how she was able to make that determination.
Euphemia Davis claimed that the shooting stopped when that happened and the car drove away,
However, Farquharson pointed to her statement to police where she noted at the time that the other two shooters continued shooting when she heard the comment.
The defense lawyer suggested Euphemia Davis could not hear any words over the sound of shots firing, and insisted that she made it up and told it to the police.
Farquharson also questioned another piece of information Euphemia Davis told police regarding a Danny Ferguson taking a call and leaving the park right before the incident happened.
The court heard the witness indicate that she has seen Ferguson since the incident, that she has not asked him about that call, she has not asked him if police spoke to him about the call and she never asked police if they followed up on the tip.
Farquharson told Euphemia Davis, who was now visibly annoyed with his line of questioning, that if she was a traumatized as she claims to be and if the incident was the worst thing that’s ever happened in her life, why didn’t she follow up on the matter.”
Euphemia Davis said: “I leave it to God. There’s no justice in the system. The murderers go free.”
She was cautioned by Justice Fraser, who said “this is the court of law where everyone is ensured justice”.
Farquharson also shot back at Davis stating: “Part of the reasons why murderers go free is because the witnesses don’t tell the full story.”
In his continued line of questioning to the witness, Farquharson asked Euphemia Davis about statements she told police involving her 8-year-old nephew, who was also on the park, identifying someone they knew as a shooter.
“He is not one the persons in the witness box today,” he said.
Euphemia Davis confirmed that that person is now dead after being shot and killed by police.
But Farquharson insisted that she “knew for years that these men are not the persons who shot up the park. You told the police it was David”.
He pressed once again why she did not follow up with police to find out if they investigated that person.
The exchange then turned into a hostile back and forth.
Farquharson then put forth that the reason she didn’t follow up with the suggestion was because she knew David Nicholls was the brother of Desmond “Limbo” Nicholls who was killed over a year prior to the mass shooting “over dope turf”.
“I put it to you because the pair was members of your group,” he said.
However, Euphemia Davis vehemently contested this claim, asserting that she and her siblings help the community and don’t bring people down.
But Farquharson didn’t stop there, pushing the narrative that she knew a drug war had been going on at the time “Limbo” was shot.
He said: “The shooting was the result of a dope gang war. She knows who the persons were. You know that the person who was shooting is not in court today. You came in here to mislead the jury. You are withholding information”.
Euphemia Davis maintained this this was not true and disagreed with the submission.
The defense lawyer added: “This is why the public can’t get a sensible idea about what is going on in The Bahamas. Desmond Nicholls was selling dope down from your house. You are falsifying evidence. You are afraid to call the name of the dope dealer who is involved in this case.”
The jury also heard testimony from one of the shooting victims, John Nelson Davis.
The retired officer told the court that he was at the park with his wife Janet – who was also shot – when he heard shots being fired.
He said he saw people running and ducking down and as the sounds got closer he went on his back until after the shots stopped.
He said he does not know who was in the car because he did not see anything while he was on his back.
John Nelson Davis said he was in fear for he and his wife’s life. He said when he got up he saw people screaming, some injured and blood everywhere.
He told the court his daughter took his wife to the hospital and when he arrived it was then that he realized that he too was shot after feeling itching and burning in his chest.
John Nelson Davis said he grew up in Fox Hill, but did not know why he was shot.
“My family and I are opened to the whole Fox Hill community,” he said.
Williams, along with Jermaine Curry and Peter Rolle are accused of murdering Claudezino Davis, Shaquille Demeritte, Eric Morrison and Shenique Sands on December 27, 2013.
The trio has also been charged for the attempted murder of Chino Davis, Janet Davis, John Davis, Benjamin Demeritte, Samuel Ferguson, Jermaine Pratt and Leroy Taylor, on the same day.
Curry is being represented by attorney Murrio Ducille and Rolle is represented by Sonia Timothy.
The matter continues today at 12 p.m.
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