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Salem Hines it was stab Jason James or be chopped to death! The live issue is not whether Salem Hines wounded Jason James the complainant, but that he had lawful justification for doing so, that being self-defence. The burden of proof lies solely on the prosecution who must convince you beyond a reasonable doubt that Salem Hines wounded Jason James. If you see a man chop at you wid a machete, naturally yuh goin react and if you can, draw a knife and stab him two time to
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save yourself. THE LAW ALLOWS FOR THIS. Anyone of you in the circumstance would likely react in that way. Ladies and gentlemen, anyone of us having an argument with a man two nights before, and see di man come attack us with a machete. It is more than natural to defend yourself, it is INSTINCTIVE!! His Lordship will advise you further on the law and he will tell you that the law allows a man to save his life. On the 25th September 2008, Mr. Hines was protecting himself from the attack by the complainant. Mr. Hines was only protecting himself. After all, he reported the DEATH THREAT made against him two nights before and nothing
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was done. The burden lies entirely on the prosecution to prove beyond a reasonable doubt that Mr. Hines is guilty of the charges against him. Mr. Hines is not a violent man. Salem is not someone who is violent, not someone who was hiding but in fact went and reported the stabbing incident to the police. In fact, you heard today from Mr. Hines that he is a married, family man with strong ties to the community. Furthermore, prior to this incident he has never been in trouble with the law as seen from the fact that he has no previous convictions. Ladies and gentlemen, if you believe his version then you must find him not guilty. However, even for some reason youre not entirely convinced, you must examine the
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prosecutions
case
and
find
beyond
reasonable doubt, based on the evidence led today by the prosecution, that Salem Hines wounded Jason James and was not acting in self-defence. You have listened to Detective Constable Myrie who stated that he went to search for the machete after leaving the hospital but before he spoke to Salem Hines. What Machete was he looking for? (incorporate inconsistencies, if any) And he said that he did/didnt take a
statement from Mr. Hines, there was no record of that statement taken. Based on all this there are MAJOR HOLES in the prosecutions case.
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We heard from Benjamin Danvers that he did not witness any of the incidents between Salem Hines and Jason James. He is of little to no assistance. What we did hear Mr. Danvers say is that his farm is located next to Jason James (for several years). Given the character of Mr. Hines, and the evidence of Ms. Verna Little who clearly said that she saw the machete right at Jason James feet.
This goes to show you that all Mr. Hines did was stab Mr. James because he was in fear of losing his life because of the machete Jason James brandished and chopped at him with.
Mr. Hines had no planned intention to attack Mr. James, in fact you heard him say that he was the morning of the 25th, he was on his way to work. You also heard that he told Mr. Danvers that he wanted peace to reign. This
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can logically only lead you to one conclusion, that Mr. Hines is INNOCENT!
Mr. Danvers is a fellow farmer and from what youve heard hear today, it can be determined that hes somewhat closer to Mr. James. They have their farms right next to each other, they work together. Mr. Danvers came here today and took the side of his fellow farmer. You heard him today, he never knew Salem Hines as a violent man. Constable Myrie did a poor job. In a market with people, he only took 1 statement. Further, he stated that an entire day after the incident he visited Jason James in the accused who he claims to have seen covered in blood
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on that day, this is after Mr. James had been treated by the doctors from the day before. Prior to September 23, 2008, these two men were friends there was never any dispute between them.
However on the 23rd there was an argument. Mr. James claims to NOT have been upset by Mr. Hines son but yet found himself at NIGHT at Salems house in an argument. So disturbed by a 13 yr old boy teasing him that he went to Mr. Hines house at NIGHT ladies and gentlemen. It could not wait until the next day, it COULD NOT wait until the next time when he saw Mr. James.
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Still being upset, he threatened to kill Mr. Hines. Mr. Hines had no choice but to throw some stones at him to get him off the property. Salem then went and reported to the police THAT JASON JAMES THREATENED TO KILL HIM. It should come as no surprise then that a mere two days later, Mr. James saw his chance to carry out his threats.....shouting to his brothers SI SALEM DEH, GET DI BWOY! Brandished his machete and used it to chop at Salem.
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You
heard
Mr.
Hines
during
cross-
examination, you heard that he did not want to hurt his friend. Mr. Hines was only doing what the law allows him to do. He was INSTINCTIVELY saving his life. Salem Hines was in his full rights when he made a pre-emptive strike and stab Jason James before he was chopped. Ladies and gentlemen of the jury, what would you have done? Youre facing a clear attack with a machete. Jason James brothers closing in on you..... I can tell you that Counsel or not, I would have done like Salem and did what was necessary to defend myself.
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Mr. James version of events simply cannot be believed. He said he was eating breakfast and still seated when he was attacked.
Now ladies and gentlemen, clearly Mr. James dont have much regard for us, if he expects us to believe this.
You can tell me you see a man approaching you with a knife and you sit down and do nothing about it?
You dont even throw the lunch at him or use the fork that yuh eating with to defend
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yourself? Or throw a one and two orange or ground provision? Nuttin at all? Yuh juss sidung and tek stab?
Is this what Mr. James realistically expects you to believe Ladies and gentlemen?
Mr. James is clearly dishonest here. Ladies and gentlemen of the jury,
A machete is a usual tool for a farmer to have. Ms. Little said that the machete was there. Ms. Little has nothing to gain by her testimony here today. Mr. James cannot be believed.
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Ladies and gentlemen, Mr. Hines is no different from you or me. Not a violent man, he has no previous convictions, a family man, a church man. Members of the jury I urge you to do the right thing as Mr. James is NOT GUILTY. Thank you for your time.
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