Businessman Patrick Powell, who’s being tried for failing to hand over his firearm to the police for inspection, took the witness stand this morning at the Kingston and St. Andrew
parish court. Powell testified that the police took his safe from his home during a raid. He also maintains that he did not refuse to hand over his firearm for inspection.
According to Powell, the police raided his home while he was overseas. He says they searched the entire property, including the roof.
The police say the purpose of the search was to find Powell’s gun in connection to the murder of Kingston College student Khajeel Mais.
Powell was the main suspect in Mais’ murder.
The businessman says he wasn’t aware of the raid until his family contacted him abroad. He says he told his family to retain Queen’s Counsel Patrick Atkinson on his behalf.
He then willfully returned to Jamaica on July 11, 2011 to surrender to the police. He says knowing he was going to be taken into custody, the only thing he had with him were his travel
documents. Powell says he was taken to the Major Investigation Task Force by Inspector Frank Buchanan and Assistant Commissioner of Police, Ealan Powell.
He says while there, the police advised him that he had the right to remain silent. Powell says Superintendent Clive Walker asked him to hand over his gun for inspection.
He says he told Superintendent Walker he had the right to remain silent. He says his attorney, Atkinson, also told the Superintendent that he had not yet spoken with his client.
Powell says Superintendent Walker again asked him for his firearm later that day.
Atkinson was not present at that time, so Powell says he told the policeman he couldn’t speak to him without the presence of his attorney.
He says he again exercised his constitutional right to remain silent. He says he wasn’t refusing to hand over a gun.
He also says that at no point did Superintendent Walker give him a document.
Superintendent Walker has previously testified that he served notice on Powell to hand over his firearm for inspection, during their second encounter that day.
Powell says he was later taken to the Horizon adult correctional centre, where Superintendent Walker and the investigating officer in the Khajeel Mais murder case, Inspector Frank
Buchanan, visited him. Powell says there, Superintendent Walker asked him for the third time for a firearm.
He says he told Superintendent Walker “I cannot engage you without the presence of my attorney”. Powell says he never refused to hand over his firearm.
He says only insisted on having his lawyer present. He says Superintendent Walker then charged him for failing to hand over his firearm for inspection and Inspector Buchanan charged
him for murder. Powell closed his evidence with a plea for mercy from Presiding Judge Vaughn Smith.
He said “I addressed you as your honour. But I will now say— my lord. This is your court room, you are God in here, may you have mercy your honor”.
–30–
