Defence presses analyst on fourth person theory after DNA results in Acadia Drive trial

A forensic analyst on Wednesday dismissed the possibility that a blood sample from an unidentified male found inside a blue Mitsubishi Outlander linked to the 2013 Acadia Drive police shooting could be tied to a fourth person, maintaining that the sample failed to produce enough genetic information to identify its source.

The witness had previously testified that the blood sample failed to produce a readable DNA profile, but that the analysts were able to determine through the sex marker that the genetic material originated from a male.

The court heard that the sample, identified as Exhibit J, had “failed to produce a result in the areas tested with the exception of the sex-determining marker. This marker tells us if the DNA present originated from a male or a female.”

However, the witness, who is giving evidence in the Home Circuit Court in the murder trial of six policemen charged with the 2013 fatal shooting of Matthew Lee, Mark Allen, and Ucliffe Dyer in St Andrew, was grilled by defence lawyers about the possible source of the sample.

During cross-examination, attorney John Jacobs asked the witness whether the unidentified male DNA sample suggested the presence of another person inside the vehicle.

“You would not be able to say with certainty whether it came from a fourth person?” he asked.

“I cannot say who it came from at all,” the witness replied, after reiterating that there was insufficient DNA to generate a profile capable of identifying the source.

At the same time, the witness acknowledged that full DNA matches were obtained for all three deceased men based on samples collected at the scene and from inside the vehicle.

She was further asked by Jacobs whether she could say if the sample could be linked to any of the three deceased men, but indicated that she could not, as the sample had failed to produce a reading for her to make that comparison.

Jacobs’ attempt to ask a follow-up question prompted objections from lead prosecutor Kathy-Ann Pyke, who argued that the witness had already explained that no usable profile had been generated from the sample and that any attempt to draw further conclusions would amount to speculation.

Trial judge Justice Sonia Bertram Linton agreed that the question had been asked and answered several times.

Earlier, defence attorney Hugh Wildman also questioned the analyst about Exhibit J, asking whether it was an additional DNA result. However, the witness said it was a sample that failed to produce a result in the areas tested.

Asked if she could say whether the sample was taken from the right passenger seat, the witness stated that laboratory records described it only as having been collected from inside the car.

“What would you require to make a more definitive pronouncement on it?” Wildman asked.

“I would need readings from the areas that were tested,” she said.

During cross-examination by attorney Althea Grant-Coppin, the witness said that forensic testing at the time relied on 13 genetic markers, which met international standards then in use. However, she explained that the system was upgraded in 2017 to test 20 markers in order to improve discriminatory power and sensitivity.

The witness was also asked about a sample of bone and flesh that was taken from the car and whether it was determined to be from a male. However, she said the markers, including the sex marker in that sample, all failed to give a reading.

Further, during cross-examination, Grant-Coppin asked: “Am I correct in saying that DNA profiles are inferred statistically and not absolutely?”

“Correct,” the witness replied.

Sergeant Simroy Mott, Corporal Donovan Fullerton, and Constables Andrew Smith, Sheldon Richards, Orandy Rose, and Richard Lynch are charged with the murders of Lee, Allen, and Dyer, who were fatally shot during a police operation along Acadia Drive in January 2013.

According to the defence, the policemen were on duty when they stopped a car with four men aboard. During the encounter, the men allegedly opened fire at the police, who retaliated, resulting in a shoot-out. One of the men reportedly escaped, while the other three were shot, injured, and later died.

Meanwhile, a ballistic expert yesterday returned to the witness stand.

The superintendent of police, who analysed the ballistic evidence in the case, identified several exhibits, including two firearms reportedly recovered in the aftermath of the fatal shooting, which were tendered into evidence.

The weapons, an Arcus 9mm pistol and a nine-millimetre Luger Cobra submachine gun, were also admitted into evidence.

The ballistic expert will continue on the stand today.

tanesha.mundle@gleanerjm.com