Attorney-at-law Hugh Wildman on Monday strongly opposed an application by prosecutor Kathy-Ann Pyke for special measures for three witnesses to be able to testify via video link in the Home Circuit Court murder trial of six policemen.

According to Wildman, the application is inadequate as it is merely based on a statement made by an officer of the Independent Commission of Investigations (Indecom), who is also a witness in the case, claiming that he spoke to the three witnesses who are abroad and they said they were not able to attend court and give evidence.

Wildman contended that Pyke’s application was not supported by any evidence on affidavit and that it wasn’t properly brought before the court.

The attorney, who is now representing four of the policemen in the trial, submitted that all notices of application must be supported under the rules of the court by evidence and affidavit. He pointed out that it cannot be supported by normal witness statements which he said is hearsay evidence and that the affidavit evidence must come from the people who cannot come and testify.

Wildman cited case law from Canada to support his point.

The judge is to rule on the special measures application on Friday.

Meanwhile, the seven jurors in the case were given roughly a month-long break, however the trial continues in their absence to tidy up administrative matters and for special applications to be made to the judge which doesn’t require the presence of the jury.
The jurors return on April 13.

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 Indecom.

The cops are being tried in relation to the January 12, 2013 shooting deaths of Matthew Lee, Ucliffe Dyer and Mark Allen.
The three men were killed during an alleged shootout with the police on Acadia Drive in Barbican, St Andrew.