Friendly fire
Rift in DPP team leads to early adjournment in murder trial of six cops
THURSDAY’S sitting of the murder trial involving six policemen was brought to an early end because of a disagreement between lead prosecutor Kathy-Ann Pyke and Cygale Pennant, her junior from the Office of the Director of the Public Prosecutions.
The trial was adjourned after the lunch session as the disagreement, which started in the morning session, was not resolved.
Throughout the trial of the cops, which began in January, Pyke has been the lead prosecutor, with Pennant being allowed to conduct examinations-in-chief on a some occasions.
Thursday was one of those days when Pennant was given the task of conducting an examination-in-chief of a DNA analyst from the Government’s Forensic Laboratory.
Pennant was posing her questions and getting the witness to respond while she took notes, but on occasion, while the witness was responding to the questions, Pyke was spotted trying to tell her junior what questions she should ask next.
Pennant, who appeared focused on writing what the witness was saying, asked Pyke to hold on until she was finished writing, but this apparently did not sit well with Pyke.
When Pennant was finished writing what the witness was telling the court, in relation to DNA evidence linked to three men who were killed by the police in an alleged shoot-out, she leaned over to Pyke, who buried her head in some documents, seeming reluctant to explain.
The disagreement continued outside of court with exchanges between the two during the lunch break, as Pyke charged that Pennant was not following her instructions.
After the lunch break, Pyke attempted to make an application so that she could take over the examination-in-chief of the DNA analyst, but that application was opposed by defence attorney Hugh Wildman who told the trial judge Sonia Bertram-Linton that was not allowed.
Wildman argued the law is clear that when one attorney is in charge of a witness, the other may not take over the examination-in-chief of the same witness.
After Wildman raised the objection, Pyke withdrew the application, but the trial did not continue, as the judge decided to adjourn until today.
Wildman, who was of the opinion that the trial would continue, appeared disappointed when Bertram-Linton said the case would resume on Friday.
He sought an answer from the trial judge about why the trial was being adjourned.
Bertram-Linton told the attorney, “We are not continuing because I have decided that we are adjourning for the day. I have made a decision.”
Wildman rambled on, expressing that the matter shouldn’t be adjourned because of Pyke.
“It is because of Ms Pyke and she is the one who is always talking about dragging out this case,” Wildman said before he was urged by the judge to allow the matter to rest.
“Very well, Milady,” Wildman said, in response to the judge.
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.
The cops are being tried in relation to the January 12, 2013 shooting deaths of Matthew Lee, Ucliffe Dyer and Mark Allen. The men were killed on Acadia Drive close to its intersection with Evans Avenue in Barbican, St Andrew.
It is alleged that on the day in question, police conducting an operation signalled the driver of a Blue Mitsubishi Outlander motor vehicle to stop. It is further alleged that the driver was reluctant to stop, but when he did, men alighted from the vehicle, challenging the police in a gun battle, during which they were killed.
The DNA analyst told the court on Thursday that swabs purported to have been taken from the crime scene, including inside the blue Outlander, were linked to the three deceased.