CONSTABLE Noel Maitland’s attempt to dismiss the criminal charges against him collapsed on Friday when Justice Leighton Pusey ruled that he does have a case to answer.

Justice Pusey made the ruling after Maitland’s attorneys filed a no-case submission on Thursday as the cop’s trial continued in the Home Circuit Court in Kingston.

Maitland is charged with murder and preventing the lawful burial of a corpse in relation to the July 12, 2022 disappearance of his 24-year-old social media influencer girlfriend, Donna-Lee Donaldson.

Donaldson was last seen at the Chelsea Manor apartment complex in St Andrew where Maitland lived. Prosecutors are using a string of circumstantial evidence, including Donaldson’s blood which was found on items inside the policeman’s dwelling, to secure a conviction.

On Friday morning Pusey indicated that he would be brief with his remarks as he pointed out that Maitland should remain in custody as he does have a case to answer in relation to the two charges.

“The duty of the court is to determine at this stage whether there is admissible evidence that a jury, properly directed, may or might use to find the accused guilty. In some cases the evidence is so unreliable that it cannot be relied upon. Where there is a case of circumstantial evidence, there may be issues in relation to individual pieces of evidence,” Justice Pusey said.

He indicated that in some circumstantial evidence cases, a decision of no case to answer would be appropriate if it is clear that, based on the state of the evidence, the jury cannot arrive at their own fair verdict.

“In other words, there are missing pieces of evidence,” the judge explained.

“Once the court is confident that a jury might come to a verdict, the matter should be sent to the jury. I am of the view that a jury, properly directed, may decide on the evidence in this case. In those circumstances he has a case to answer,” Pusey said, before telling Maitland’s lawyers to ensure they are ready on Monday when the trial will continue.