Indecom investigator who interacted with missing station diary takes witness stand
KINGSTON, Jamaica — An investigator from the Independent Commission of Investigations (Indecom), was called on Wednesday to give testimony on his interaction with a police station diary before it went missing.
The investigator was giving testimony in the Home Circuit Court murder trial of six cops in downtown, Kingston.
The cops are on trial in relation to the January 12, 2013 shooting deaths of Matthew Lee, Mark Allen and Ucliffe Dyer, who were killed in an alleged shootout with the police on Acadia Drive in Barbican, St Andrew.
According to the investigator, he was part of a team from Indecom that responded to the scene. He shared that he was given the responsibility of visiting the Constant Spring Police Station following the incident, to transcribe what was written in the station diary in relation to the shooting deaths of the three men.
A superintendent of police testified in the trial earlier this year that following numerous extensive searches to locate the diary, it was not located in any of the stores at the station.
The court heard recently from another witness, that photographs were said to have been taken of the station diary and the relevant entry.
The witness on Wednesday confirmed that he checked the records.
“I went to the Constant Spring Police Station and identified myself. I told them I was there to get the entry in relation to the incident and the diary was made available. The entry was related to this particular incident. It was made by the Jamaica Constabulary Force investigating officer. The person who brought the entry, searched for it and found it,” he said, during the examination-in-chief, which was led by prosecutor Kathy-Ann Pyke.
Pyke wanted to show the witness a document for him to look at and say whether it was the same one he had written down the entry on.
The trial Judge, Sonia Bertram-Linton cautioned the prosecutor, Pyke, that the witness could only speak to the fact that he copied the entries from the station diary. He was not allowed to speak of its contents seeing that the diary, which he claimed he recorded it from, was not in evidence.
“I wrote an entry on the form provided by Indecom. I asked the [police] officer to verify documents and he signed. I don’t remember his name. There was someone he asked to witness the signature,” he said.
Pyke asked him if he was shown the document, if he would be able to identify it.
The witness told the prosecutor that he would be able to identify his handwriting.
Althea Grant-Coppin, one of three defence attorneys representing the cops, objected to the witness being shown the document. After looking at the paper, Grant-Coppin protested that there was no way to prove that the document was original. The attorney said she had reason to believe the document came from the Jamaica Constabulary Force and not Indecom and therefore was not original.
Pyke said in response to Grant-Coppin’s objection to the document that “it is going to go in inuh. It is going to go in, even if it takes me a year.”
She proceeded to have the court registrar show the form to the witness who confirmed that the contents represented his handwriting.
Pyke then asked for the document to be marked, which prompted more objection from the defence team.
Bertram-Linton told the lawyers that it could be marked but not entered into evidence.
Defence attorneys objected even more profusely, when Pyke sought to show photographs to the witness that were purported to have been taken of the station diary and the relevant entry.
The witness told the court that “somebody” showed him a picture of the diary and entry that was made by a detective at the Constant Spring Police Station.
He was in the process of being shown pictures on paper to say if they were the same pictures, but the defence objected again, citing that he was not the maker of the document and that it had not been identified by the maker and should not be shown to the witness.
On trial for murder are Sergeant Simroy Mott and Corporal Donovan Fullerton, along with constables Andrew Smith, Sheldon Richards, Orandy Rose, and Richard Lynch.
Corporal Fullerton is also charged with making a false statement to Indecom.
The other attorneys alongside Grant-Coppin, who are representing the cops are Hugh Wildman and John Jacobs.
The trial resumes Thursday.