Pathways Ministries Trial | Witness denies conspiring with pastor Kevin Smith to attack police

A former member of Pathways International Church yesterday burst into silent laughter after the defence suggested that he had conspired with late church leader, Dr Kevin Smith, to open fire on the police during a bizarre series of events that left three people dead.

The reaction came during cross-examination by attorney-at-law Anthony Williams in the Home Circuit Court, where the witness is giving evidence in the trial of Andre Ruddock.

The St James farmer, who was Smith’s bodyguard, is charged with the October 17, 2021 murder of 39-year-old Taneka Gardner during an alleged sacrificial ritual at the church.

The witness, whose name is being withheld by order of the court, was seen laughing uncontrollably and rolling his eyes briefly after Williams made the suggestion.

However, lead prosecutor Latoya Bernard had immediately objected, saying, Is it that counsel is saying that this is his case and he will bring evidence.”

Justice Leighton Pusey responded, saying he understood the suggestion to be part of Williams' case, although he did not know from where Williams would find the evidence.

"Mr Williams, you intend to bring evidence of a conspiracy between this man [the witness] and a man that is no longer here with us? the judge asked.

Pusey then cautioned Williams to move away from the line of questioning until he had evidence to support the suggestion.

Williams said he would take further instructions.

The exchange came as Williams questioned the witness about firearms that were at the church on the day of the incident.

The witness had testified on Monday that Smith took a firearm from a policewoman and used it to fire several shots at the police. He also recalled Smith calling for a second magazine after emptying the first.

But yesterday, Williams focused on another firearm which the witness admitted was in a brown bag in his van when he drove to the church.

But the witness, during cross-examination, said that Smith had handed him another gun just before the policewoman came, as the gun was empty.

According to the witness, the gun Smith handed him was not the one found in bushes.

The witness had previously testified that Smith had started firing at the police after calling the policewoman and taking her weapon

In his evidence about the gun he brought to the church, he explained that the bag had been given to him by his now-deceased church brother, Kevon Plummer, after midnight on Sunday following a special service held on the Saturday.

He said he was unaware that there was a firearm in the bag until he checked it after going to his van following after Plummer who stabbed him in the back.

After discovering the firearm, the witness said he threw it over a fence.

He later told the court that Smith asked him about the weapon in the presence of another church member and instructed them to retrieve it.

The witness said the other man found the firearm and handed it to him.

Williams also questioned the witness repeatedly about whether he had seen police officers hiding in bushes near the church.

The witness maintained that he had not.

Williams asked: "Did you tell the police in your statement that you saw police in the bushes and one of the said ‘but a yuh did a fire after the police,’ and you say I told them no."

The witness denied saying that.

According to him, the police told him that while he was lying on his side on the ground.

He had previously testified that the officer made the statement after he had been shot twice in the back by Smith.

Williams then confronted the witness with portions of his first of four statements given to police, in which he said those words, including "I said no it was not me and ran off."

The witness denied making the statement.

Bernard objected several times to Williams' manner of questioning, insisting that complete sentences be put to the witness rather than being broken into sections.

Williams eventually put the entire sentence to the witness.

The witness was also shown the statement containing those said words but maintained that that he never told the police those words.

He was also taken to task about a second sentence from the statement which read: "I had the gun with me, but it was in my hand, it was not in the paper bag, I don't know how the police in the bushes never saw it."

The passages were admitted as Exhibits One and Two.

The witness denied making the statements and insisted that he had not run into the bushes. He said he had instead run to give Smith the firearm.

Williams asked whether the witness had signed the statement as being true and correct.

He admitted signing it but said he had done so "blindly" as he had signed without reading it himself because it was read over to him while he was in hospital.

The witness said he was given the 20-odd-page statement while in hospital in pain, unable to move his right arm. He also said he had to sit up for about 10 hours.

Williams asked whether he had subsequently sought to correct the disputed portions in later statements.

The witness said he had not been in the frame of mind to do so.

Williams eventually suggested that the witness had lied to the court when he denied telling police that he had seen officers in the bushes.

The witness disagreed.

Williams also questioned him about whether he had stated that Ruddock had walked or run over to Gardner after Smith instructed that her throat be cut.

The witness said he could not recall what he had written.

Bernard again objected, insisting that the entire sentence be put to the witness and that counsel should not insert a name where none appeared in the statement.

Williams responded, "Don't tell me how to do with my case.

Pusey subsequently reminded Williams to observe the principles governing cross-examination.

The witness also denied telling police in his statement that Smith had shot and stabbed him in his back.

He, however, agreed after looking at his statement that it was written in the first paragraph that he was going to tell them about an incident in which he was stabbed and shot by the pastor.

The witness, who admitted yesterday that he was a junior minister in training at the church, is expected to undergo further cross-examination today.

Smith died about a week after the church incident in a motor vehicle crash while being transported to Kingston to face charges.

Attorney-at-law Venice Brown is also representing Ruddock.

- Tanesha Mundle

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