Detective can’t find notes in cops’ murder trial
A detective corporal who is testifying in the murder trial of six of his colleagues told a seven-member jury on Monday that he was unable to locate the notebook in which he recorded his notes in relation to the January 12, 2013 shooting death of three men by the cops.
The witness was the first responding investigator at the scene about noon.
The incident took place on Acadia Drive in St Andrew and the deceased are Matthew Lee, Mark Allen and Ucliffe Dyer.
On trial for murder are Sergeant Simroy Mott, Corporal Donovan Fullerton and constables Andrew Smith, Sheldon Richards, Orandy Rose and Richard Lynch. Corporal Fullerton is also charged with making a false statement to the Independent Commission of Investigations.
Senior prosecutor Kathy-Ann Pyke, who began examination-in-chief of the cop last week, continued on Monday with questions surrounding whether he could recall certain events which he recorded in his notebook as well as in the station diary at Constant Spring Police Station where he worked in 2013.
Pyke asked the witness whether he had told the court on a previous occasion that he could not recall what the deceased men were wearing during his visit to the morgue where their bodies were being kept.
“That is correct,” the witness said.
The prosecutor asked the witness if he also told the court that he could not remember the serial number of the guns that were allegedly seized and handed over by the accused men.
“That is correct,” he responded.
Pyke asked the witness how he would be able to recognise entries in a station diary, which he had made in relation to the case.
“Once it is in the image of my handwriting I would be able to recognise it by my signature,” the witness said, adding that whatever he wrote in the station diary was based on the notes he recorded in his notebook.
When Pyke asked the detective if he was able to locate his notebook, the cop bluntly stated, “No.”
The prosecutor quizzed the witness on entries he made in the diary about what the accused men told him in relation to the guns that were allegedly taken from the deceased men, who were said to have challenged the police in a gun battle which led to their demise.
The witness had earlier testified that when he arrived at the scene, Sergeant Mott handed him two firearms. One was a Mac 10 light semi-automatic gun and a magazine loaded with four 9mm live rounds. The other was an Arcus 9mm pistol and a magazine with six 9mm live rounds.
He told the court on Monday that whatever he wrote in the station diary about the guns allegedly taken from the men, were transferred from the notebook which he said cannot be located.
Pyke was taken to task on numerous occasions for appearing to repeat questions which she already asked the witness since last week. The fact that the questions were being repeated could not be ignored by trial judge Justice Sonia Bertram-Linton, especially because defence attorney Hugh Wildman stood quite often to register his objections.
On one occasion Wildman appealed to the judge for her intervention saying, “M’Lady, this is cross-examination. The witness has already given an answer, and if my learned friend is not satisfied she is not permitted to do this in examination-in-chief. What she is trying to do here is to extract things from this witness.
“There is a level to which one can examine a witness and it seems to me that this rule is being seriously breached by counsel for the Crown repeatedly in this forum. I place on record again, M’Lady, that all of this is impermissible. As to what was said to him by the men, the answer was clear, so I don’t know where you are going with this cross-examination,” Wildman said.
Betram-Linton appeared to agree with Wildman.
“My problem is that I am seeing that all of this has been explored before,” the judge said. “Every single thing you are asking him now, you have asked him before about his account of what was said, about what he knew, what he recorded in his notebook and in the station diary, about what they saw, about what happened. You are going over all of this.”
The other members of the defence team are Anthony Armstrong, Linda Wright-Ashley, John Jacobs, and Althea Grant-Coppin.
The trial continues today.