Witness wary over 'resealed' exhibit in Acadia murder trial

Defence attorneys in the Acadia Drive murder trial yesterday objected to the identification of an exhibit in the Home Circuit Court, contending that the seal on the envelope had already been broken.

Earlier, a former crime scene officer, who was testifying from overseas via video link, indicated that the seal on another envelope containing spent casings also appeared to have been tampered with. While he identified the handwriting on the envelope as his own, the witness said the contents only resembled a spent casing, and he could not be certain it was the same one he had originally placed inside.

"I cannot confirm because it seems like it was opened and resealed by the lab," said the witness, a detective constable.

When he was questioned about another envelope bearing his handwriting, attorney John Jacobs objected.

"If I may, My Lady, that's the envelope that we are concerned about; the seal was already broken," he said.

Lead prosecutor Kathy-Ann Pyke, in response, said, "Yes, whatever condition it is in."

Presiding judge Justice Bertram Linton echoed her position.

The envelope was subsequently opened, and the witness identified the contents as a piece of lead before the exhibit was marked for identification. The other exhibit was also marked for identification.

Continuing his testimony, the witness identified another exhibit — a labelled envelope containing a CD — which he said bore his handwriting. The CD, which was removed from the envelope, was said to contain images taken at the scene.

However, the defence raised objections to the viewing of the images, and the matter was addressed in the absence of the jury.

Earlier in the proceedings, the witness indicated that he could not recall the details of the events on the day in question and had to rely on the contents of his statement. As a result, he was asked several times to refresh his memory and frequently prefaced his responses with references to his statement.

This drew repeated objections from attorney Hugh Wildman.

"He's here to give viva voce evidence by a live link, not to say what is in the statement. Because it's a clear breach of the rule against self-corroboration. So I'm objecting to any such reference in this statement," he said.

During his testimony, the witness said he visited the scene, took photographs, and collected spent casings, blood samples and other items. He said he had been on duty at the Grants Pen Police Station when he received a call to attend the location.

Upon arrival, he observed that the investigating officer, another police officer and a representative from the Independent Commission of Investigations (INDECOM) were already present. He recalled seeing a number of spent casings at the front of the premises near a blue Mitsubishi motor car. A substance resembling blood was also observed around the vehicle and leading into the premises on Acadia Drive.

The witness further recalled seeing several bullet fragments near a perimeter wall at the location. After refreshing his memory, he said he collected and labelled 16 exhibits from the scene.

He also told the court that he later visited a funeral home, where he swabbed the hands of the deceased. The samples, he said, were packaged, sealed, labelled and sent to a laboratory for testing.

Sergeant Simroy Mott, Corporal Donovan Fullerton, and Constables Orandy Rose, Andrew Smith and Sheldon Richards are on trial for murder in relation to the fatal shooting of Eucliffe Dyer, Matthew Lee and Mark Allen on January 12, 2013 along Acadia Drive in St Andrew.

The court previously heard that the policemen had reported that the men had engaged them in a shoot-out.

The officers said they were conducting a vehicle checkpoint when they signalled a blue Mitsubishi Outlander to stop. The vehicle reportedly hesitated before stopping, and its occupants allegedly exited and opened fire at the police. One of the men reportedly ran from the vehicle, was chased, and a shoot-out ensued. Two illegal firearms were reportedly recovered.

The witness will continue his evidence today.

tanesha.mundle@gleanerjm.com