A PROSECUTION WITNESS has disclosed in a statement to the police that Matthews Lane area leader Donald 'Zekes' Phipps, 48, told him that he had been engaged in a sexual act with one of the two men that he is accused of murdering on April 15.
The revelation was made yesterday when the prosecution outlined the allegations in the double murder case against Phipps in the Home Circuit Court.
The burnt bodies of Rodney Leroy Farquharson and Dayton Williams, both of Bayshore Park, east Kingston were found on Rose Lane close to Matthews Lane in April. The bodies had gunshot wounds to the heads. Phipps was arrested in the Matthews Lane community a few weeks following the incident.
When Phipps appeared in court yesterday with his co-accused Garfield Williams, 33, of a Kingston address, Paula Llewellyn, Senior Deputy Director of Public Prosecutions, applied for an adjournment because the analysis of an alleged telephone conversation between Phipps and the witness was not ready.
Llewellyn told the court that the witness, who is described as a close associate of Farquharson, said that on April 15, Farquharson's cellular phone number was dialled shortly after 3 a.m and on the first occasion the call was placed on speaker phone so that several voices could be heard. The telephone was dialled a second time and the main witness who knew Phipps for more than ten years spoke on the telephone. The witness said in his statement that he was closely associated with Phipps and had spoken to him in person and on the telephone on a regular basis.
BIG MAN AND RODNEY
On the second occasion when Farquharson's phone number was dialled, the witness said he recognised the voice which answered to be that of the accused, Phipps, who he knew as Zekes. The witness said he spoke to Zeeks and said "big man I need to come and speak to you early in the morning."
It is alleged that Zekes answered and said, "Boy leave country come a town and get rich and start dissing and refuse to carry out orders." He said Zekes said further "big man you don't have a wife in your bed. Go and hug up your wife, you here enquiring about Rodney."
The witness said Zekes then said "my d... (penis) is in Rodney's mouth. Rodney is sucking my d....(penis)."
The statement further stated that in response the witness told Zekes that he was a mad man. After that, the witness said Zekes said to him, "listen to Rodney for the last time because it is the last time you will hear his voice." The witness said Rodney came on the phone and said in a low voice, "Boss, Boss, Boss" and the phone went dead.
Miss Llewellyn said that Rodney was the main witnesses' right hand man in an organisation in the Harbour View Area. Defence lawyer K. Churchill Neita, Q.C., who is representing Phipps, made a bail application after Phipps trial was set for November 28 in the Home Circuit Court. Mr. Neita said there was nothing to link Phipps with the double murder. He said by any stretch of the imagination, the allegations of vulgarity had nothing to do with the charge.
Phipps' lawyers applied for bail on the ground that Phipps' health had deteriorated while in custody and his children were also suffering because of his incarceration. Miss Llewellyn said the Crown was opposing bail before reading extensively from the statement of the main Crown witness.