Prosecutor presses witness about phone call to resident in cops’ murder trial
A representative of the Independent Commission of Investigations (Indecom) on Thursday faced questions during re-examination by prosecutor Kathy-Ann Pyke, who wanted to know what time on Monday he spoke to a resident of the Luxury Vale apartment complex on Acadia Drive in St Andrew.
The resident referred to by Pyke currently lives in the apartment where Minister of Agriculture Floyd Green lived on January 12, 2013 when three men were killed by the police in an alleged shoot-out on Acadia Drive near the intersection with Evans Avenue.
The dead men were identified as Matthew Lee, Ucliffe Dyer and Mark Allen. It is alleged that men alighted from a blue Mitsubishi Outlander motor vehicle to challenge the police in a gun battle during which Lee, Dyer and Allen were killed. A fourth man was said to have escaped and two illegal firearms were seized. It came out during the trial that both illegal guns were fired at the scene.
Green was said to have been one of two eyewitnesses to some of the events surrounding the fatal shooting of the men.
He was said to have watched some of the events from his bedroom window. The other alleged eyewitness was said to have seen certain activities surrounding the incident, from a bedroom window, as well.
Even though Green no longer lives at the apartment 13 years after the incident, Pyke, who is the lead prosecutor in the case, has visited the apartment and so has the Indecom officer, on more than one occasion. Their aim, during each visit, was to get an idea of what Green could have seen from the bedroom window.
The Indecom officer told the court on Wednesday that he tried to regain access to the apartment as recently as Monday, but the current occupants refused him entry.
He said he made the request via telephone. It was alleged that Pyke also called the current occupants of the apartment, begging to be allowed a revisit, which she believed would greatly assist her case. She, too, was also denied entry.
On Wednesday Pyke said she took issue with the fact that defence attorney Hugh Wildman had put questions to the witness regarding his request on Monday to revisit the apartment.
The prosecutor could not understand how the defence lawyer knew about the communication between the witness and the resident as well as the conversations between the resident and Pyke.
The lead prosecutor also took issue with suggestions by Wildman that she may have been communicating with the Indecom officer during his time in the witness box.
The Indecom officer denied this on Wednesday, insisting that he had not spoken to Pyke since he mounted the witness stand.
He admitted that he called the resident on Monday, who told him that no more visits would be facilitated due to concerns about invasion of privacy.
When he returned to the witness box on Thursday, Pyke who would not let go of the issue.
She asked the witness if he recalled speaking on Wednesday about communication with the resident and his attempt to gain access to the apartment.
He responded saying, “Yes”.
She asked him if he recalled the time on Monday he last spoke to the resident.
The witness said, “I don’t remember the exact time. I did not speak to [the resident] early in the morning or late in the evening. I spoke to [the resident] sometime during the day,” he said.
The prosecutor asked the witness if he had anything that could assist him to tell the court about what time he spoke to the resident on Monday.
The witness asked Pyke if she was referring to his cellphone, before telling her that he left it in his motor vehicle.
Pyke subsequently told the trial Judge Sonia Bertram-Linton that she had no further questions for the Indecom officer, clearing the way for another witness to take the stand.
On trial 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.