The judicial roller coaster ride that Mark Gardiner has been on since March of 2003 continued today when he appeared in the Supreme Court to hear a jury's decision on the manslaughter charge he faces. After hearing trial judge Troadio Gonzalez's summation of the prosecution and the defense's version of what occurred on March 17 of 2003 when Gregory Batty was shot and killed at a football match at the MCC ground in Belize City, the jury went in for deliberations. They went in at around 11:20 and they came out by 3:20 seeking further legal instruction on the definition of unlawful and lawful harm. They were given it and by 4:15 they were again out of deliberations, again without a verdict. With that Gonzalez instructed that they re-enter and reconsider their hung jury decision and they did so for one more hour. Not surprisingly the result was the same, hung again, and at 5:30, Gardiner was out free. He spoke to 7NEWS.
Keith Swift,
Mark what is your reaction to the verdict?
Mark Gardiner,
"Not really."
Keith Swift,
Are you surprised that the jury was unable to reach a verdict?
Mark Gardiner,
"Surprised...I was hoping they would have seen things my way but I guess not."
Keith Swift,
What's next for you? You are still out on bail and you might have to go through another trial. What's next?
Mark Gardiner,
"Just lay low and make sure that any more attempts on my life don't come through."
Keith Swift,
An attempt on your life was made because of this case, do you think today's outcome will make it better or worse?
Mark Gardiner,
"It will just make it that I am still around for any gunman that they hire to catch me and so. I just have to watch myself and all times and keep out of their eyes."
Keith Swift,
Did you think you would have been found guilty?
Mark Gardiner,
"I didn't think nothing...I just..."
Keith Swift,
Were you nervous as you waited for the jury? I saw you in there just looking up at the ceiling.
Mark Gardiner,
"I was worried but at the end of the day you still have to go through it so..."
Keith Swift,
Looking back to that day at that football game at the MCC grounds, is there anything you could have done differently?
Mark Gardiner,
"Stay there and dead."
Keith Swift,
Would the family want the DPP to refile charges against Gardiner?
Marshall Nunez, Deceased's uncle
"The family is looking for justice and that will take its course."
Keith Swift,
Do you feel like you got justice today?
Marshall Nunez,
"The system is working man. "
There is no indication whether the prosecution will apply for a re-trial. While today's triple hung jury was dramatic, in the past two years, Gardiner's legal and life ordeals have been much more so. First there was a no case submission on the charge of murder. Then he was to be tried for manslaughter, but that case fell apart when he was not subpoenaed to appear in court for the trial. Then he was properly arrested and today's verdict is what resulted. During that time, he was shot twice and narrowly escaped with his life. He says he was shot because allies of his victim, Gregory Batty have put out a hit on his life.
