James Nathaniel Browne Appellant v The Queen [ECSC]

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: ROBOTHAM. C.J,,Chief Justice
• Judgment Date: 09 April 1986
• Judgment citation (vLex): [1986] ECSC J0409-1
• Docket Number: CRIMINAL APPEAL NO. 2 of 1985
• Date: 09 April 1986

Between:

James Nathaniel Browne

Appellant

and

The Queen

[1986] ECSC J0409-1

Before:

The Honourable Mr. Justice Robotham—Chief Justice

The Honourable Mr. Justice Moe

The Honourable Mr. Justice Mitchell (Acting)

CRIMINAL APPEAL NO. 2 of 1985

IN THE COURT OF APPEAL

Appearances:

J.S. Weeks for the Appellant

Odel Adams, Attorney General and Kurt Defrietas for the Crown

ROBOTHAM. C.J,

The accused's movements on March 22–25

Friday March 22;

1 1.00 p.m.: Appellant stops at the travel agency for his change. He was unable to get it. It was then discovered that the cheque was irregular. It had no year written on and he was told the cheque would need verification by Mrs. Puckey whose purported signature appeared thereon. Appellant gave the witness Pamela Arthurton two telephone numbers from memory, one being he said, deceased's home number and the other her business place. There was of course, no answer from her home number and she told the appellant that her business place reported that she was away on. He did not get the change, but the ticket was delivered to him in view of the fact that he had stated that he was going to Antigua for medical attention.

This cheque was deposited and subsequently Barclays Bank debited the travel agency's account with the $300. It was a forged cheque.

The appellant arrived at the Airport at 1.30 p.m. and paid welch $30 as his fare. On the way Welch said the appellant told him he was going to St. Martin to look for work. He arrived in Antigua and on April 12, 1905 he was apprehended by the Police there and returned to Montserrat where he was arrested.

It is not necessary to go any further into the evidence presented by the Crown other than to say that the appellant went on a spending super with cheques drawn on Mrs. Puckey's accounts, between Saturday, March and Monday, March 25. The signatures of Mrs. Puckey on all these including the one with which the appellant paid for his ticket were forged and it was the opinion of the handwriting expert Lionel Belle, the forgeries were perpetrated by the appellant. The articles removed from deceased's house were recovered from the appellant's home, and were identified in Court.

As a part of the Crown's case, a cautioned statement given to the Police by the appellant was put in evidence. The voluntariness of this statement was not challenged. I will summarize this statement in parma and quote verbatim from other parts.

It commences by his admitting going to deceased's home on the evening in question and seeing the witness Kathy Allen there. After Allen left, he started talking to "Mother Puckey" about going lack toAntigua, and she told him not to worry because the medical expenses be taken care of. She also told him she would be going away to St. and Seattle to see her daughter. After a while he went to the The statement goes on:—

"After returning from the refrigerator, I felt dizzy and high and when I look I saw a man before me with a sword and he told me that he is going to cut off my head. I put up my hand to block the sword but he kept on coming and I try to hold him but then I felt two hands hold me and I started to wrestle trying to get away. I could not get away because my hands were tied. After a while I got away Mother Puckey told me she had to stop me from going through the window and I need to see a Doctor so I told her alright. After a while I told her I am going home and she said no, she would not run the risk so she ask me to cool out or sit down. We were there talking again. After a while I took up a book and I started to read and the spell came back on me and I saw three little men standing before me and provoking me and I started to fight them, and I felt the same hand hold me and I try to get away but I could not get away, so I started to fight. Both of us fell to the floor. When I catch myself I saw Mother Puckey lying on the floor not saying anything, only her hands and her feet was moving."

He then told of rendering first aid to her and she revived and told him he would have to see a Doctor. Efforts to contact Dr. Cooper by telephone failed. The statement continues:

"I sat down in the chair while I was there I felt high just as if I was flying. I saw the three little men came back, and when they came back they started to fight me and Mother Puckey put some oil on top my head and some ice on may forehead for a while, afterwards the men came back I felt the hands hold me again and I started to wrestle trying to get away but I could not get away. After a while we fell to the floor whosoever was holding me. After a while I catch myself and to my surprise, I saw Mother Puckey stretch out on the floor. This time she was not saying anything. She was not moving. I took her up from the floor and put her on the couch to sit down but she could not hold up. I sat beside her with my arms around her shoulder. I started to screem and cry and say "Mother you can't die." Afterwards I left the house. I run out of the house and went by the fisherman shed. I stayed there for a while. I was crying. I came back up by the house and I put her in the bed, I open all the windows for her to get freshair. I saw little blood marks on her neck. I was frighten. I went to the phone with the intention to call the Police, but then I was too nervous. Anyway I made several attempts to call the Police, but what was driving in my mind they would say I crazy. So I left there the night with two pairs of chairs and went home. I use Steady a taxi-driver to home."

The statement then went on to admit giving John "Ryan" (Harper) the clothes on Saturday and using him along with George Isles to move Mrs. Puckey's furniture from the house.

"……while they were moving the furniture, I put the body of Mother Puckey in the trunk. The trunk was in the bedroom and George Isles and John Ryan were down in the kitchen. When I put Mother Puckey into the trunk there was some clothes on top of the trunk so I took up the clothes and put them on top of Mother Puckey in the trunk then I move out some of the furniture from the house and carried them at my home in Webbs."

He then sent on to say that he remembered seeing the note on the door or but he did not write it. He admitted going back to the house on Sunday, March 25 and taking her cheque books. He issued on Mrs. Puckey's see text 6 cheques in all and even asked his brother Glanville White to cash one for him. White gave evidence confirming this.

He then went on to say that he travelled to Antigua on Monday, March 25, and on March 26 he went to see Dr. Mathurin a psychiatrist there.

The appellant at the trial made an unsworn statement from the dock in which he spoke of images in the form of three men appearing before him when he was at Mother Puckey's home, and that he fought with them. They tried to call the Doctor without success.

He then added a new dimension to his statement to the Police by saying:

"……After the fight I lay in the chair exhausted. While I was there I saw a man. He came through the back door. He told me I am looking sick. I told him yes I am sick but right now I am out of medication. He took something from his pocket which appeared to be a cigarette. I have never smoke in my life but he asked me to take a few draw from thecigarette. I did not know what it is but I took it……….. while at the house… after smoking this man said (it) would make me feel better but I felt worse. This time I was flying. Only then I start feeling the pressure. I have been suffering from this disease for nearly two years. I have been to Dr. Cooper. I have been to Dr. Mathurin in Antigua in December. I have been to Dr. Meade in January. Through that illness I lost my job at Public Works as a Security Officer……. While at Police Headquarters Police asked no questions. He told me that mother's body was found in a trunk……"

"I do not know, I just don't know. I can't understand how the death occurred………I would not and did not kill her. I love her too much for that….."

The defence called Dr. Ronnie Cooper, a registered protitioner and the Prison Doctor. He first saw the appellant in December, 1980 when he admitted him to hospital for back pain. Whilst there he developed a complication which led to bleeding from the stomach. He complained of dizziness, headache and itching of the skin and was given treatment. He saw him on 5 occasions between March, 1980 and February 1983. The Doctor said:

"During all these times I saw him about his gastric problem. I treated him with antacids and anxiety drugs. It was my opinion that there is anxiety component to his illness and that is why I treated him with anxiety drugs."

He next says the appellant on April 17, 1985, on remand at the Prison, when he again complained of his gastric problems. Appellant told him he was seeing Dr. Mathurin in Antigua, and showed him the medication he was taking. Dr. Cooper said he added some antacids to it.

He again saw him on June 26, along with Dr. George Mayhew a vimiting psychiatrist from Barbados. In consultation with Dr. Mayhew, the appellant was...