AN attempt by the defence to have trial Judge Leighton Pusey rule against admitting into evidence a caution statement and a question-and-answer document linked to murder accused Andre Ruddock failed on Tuesday, clearing the way for the trial to resume.

The seven-member jury hearing the case in the Home Circuit Court, downtown Kingston was sent out last week to facilitate a voir dire, which is essentially a trial within a trial, following a strenuous objection by defence attorney Anthony Williams to prosecutor LaToya Bernard’s bid to have the documents admitted into evidence.

After Pusey ruled that the documents should be admitted, Bernard continued her examination-in-chief of a detective corporal who video recorded both the caution statement and the question-and-answer session of Ruddock admitting to cutting the throat of 39-year-old Taneka Gardner on October 17, 2021 at Pathways International Kingdom Restoration Ministries in Albion, St James.

Ruddock allegedly was acting on command from his now deceased pastor Kevin Smith.

Ruddock is charged with murder in relation to Gardner’s killing.

The detective told the court on Tuesday that he was responsible for writing down Ruddock’s answers to 42 questions posed to him, after he gave his caution statement which triggered the question-and-answer session to provide more clarity.

On Tuesday, a video of the taking of the caution statement was played for the jurors.

They will also watch and listen to a video of the question-and-answer session on Wednesday when the trial resumes.

The written version of the 42 questions and the answers was read out in court on Tuesday.

During the question-and-answer session, Ruddock told the detective, who was a constable at the time in 2021, that Kevin Smith, whom he referred to as “His Excellency”, was his boss and also his pastor and that he had known him since 2012.

Smith died in a car crash in St Catherine a few days after Gardner’s killing in what was said to be a human sacrifice ritual.

He was being transported to Kingston to be interviewed, as he was facing numerous charges, including murder, after he allegedly killed a man at the church by pulling a medical tube from his nose.

The man, who was said to have been gravely ill, had just been released from hospital and attended church in the hope that Smith could heal him.

Ruddock allegedly told the detective he would see Smith whenever he went to church on Wednesdays, Fridays, and Sundays.

The detective asked Ruddock, “In your caution statement, you said his excellency instructed you to slash Taneka Gardner’s throat.

What do you mean by instruct?” Ruddock replied: “He ordered me to do it.” The detective asked him where he got the knife and he explained that he got it from a man by the name of Kevaughn who had received it from Smith.

Ruddock could not describe the knife and was unable to say how long it was, neither could he remember the colour of the handle.

Prompted by more questions, he explained that at the time of the incident he was covered with a white sheet and so too was Gardner when he cut her throat.

He explained that he couldn’t say exactly how long he had known Gardner but it had been for more than a year.

He told the detectives that when he cut Gardner’s throat, a lot of people were at the church, including the pastor.

“He was the one who gave me the go-ahead to do it.

I told you that before,” Ruddock allegedly told the detective.

Ruddock then went on to tell the detective that an unknown assailant hit him in the head after he cut Gardner’s throat.

He claimed it was his first time cutting someone’s throat and that he had never seen anyone’s throat being cut before.

In the 42nd and last question, the detective asked Ruddock if he was satisfied with the interview and he allegedly said “Yes”.

The detective then explained that the session was video recorded and that he put the footage on two DVDs which he labelled and submitted for court.

The trial resumes today.