Supreme Court official barred from case, testimony causes uproar
SUPREME Court chief registrar Winston Daley, assigned to the Braeton seven case, has been barred from any further involvement in the trial of the six policemen charged with murder, after he testified on behalf of the prosecution yesterday.
Daley, who has direct contact with the jurors hearing the case, was called by crown prosecutor senior deputy Director of Public Prosecutions Paula Llewelyn to testify on behalf of the prosecution regarding his processing of the bail bonds for the policemen on trial.
Daley, in his capacity as registrar, testified that he had processed the bail bonds and other documents for the accused cops and witnessed their signature on the bonds.
It was during cross-examination by defence counsel Patrick Atkinson that Daley admitted that the documents were official court papers to be stored by him, the registrar.
He said he was instructed by the DPP to hand over the documents.
Asked by trial judge Donald McIntosh why he did not seek permission from Chief Justice Lensley Wolfe to hand over official court documents to the DPP, Daley replied that it was not the first time he had done it.
Defence counsel immediately objected to Daley’s testimony citing the position he held in the court.
Judge McIntosh then ruled that Daley could have no more contact with the jurors, neither could he take any further part in the court proceedings.
A new registrar, Kirkland Phillips, was immediately assigned to the trial.
Meanwhile, the court is scheduled to visit the locus in quo – scene of the March 2001 shooting – at 1088 Seal Way, Braeton today.
McIntosh ruled that Delroy Ledley, who testified last week, must be summoned to the scene, as he was an important witness in the case.
Ledley testified for the crown that the men were shot while they were in the hands of the police in a pathway outside the house at Fifth Seal Way, Braeton, St Catherine, and that he saw former head of the disbanded Crime Management Unit Senior Superintendent Reneto Adams with four firearms after the shooting ended.
Police handwriting expert Deputy Superintendent William Smiley of the forensic laboratory was the only other prosecution witness yesterday.
He testified that on January 24 this year, he received, from the DPP, five handwritten statements penned by the accused.
The defence immediately objected to what seemed to be the introduction of new evidence.
The judge asked the 12-member jury to leave the courtroom and a legal argument ensued regarding the admissibility of the police statements.
When the jury returned, Llewelyn advised the court that in light of a ruling by the judge in the jury’s absence, she would not proceed with Smiley’s testimony.
Atkinson later explained to the Observer that the objection was based on the fact that it was the third week into the trial, and it was part of the trend of the prosecution to advance additional evidence without notifying the defence.
“It was the 10th time that this has been done. It is part of the prosecution’s strategy to take (the) defence by surprise,” said Atkinson.
The six policemen on trial are Sergeant Raymond Miller, Corporal Linroy Edwards, and constables Leighton Bucknor, Wayne Constantine, Miguel Ebanks and Devon Bernard.
They are accused of the non-capital murders of Andre Virgo, 19, Lancebert Clarke, 19, Dayne Whyte, 20, Tamayo Wilson, 20, Curtis Smith, 19, Christopher Grant, 17 and Reagon Beckford, 15.
– whytetk@jamaicaobserver.com