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Jamaica Observer

Prosecutors' Dispute Halts St Andrew Police Murder Trial

St. Andrew
Prosecutors' Dispute Halts St Andrew Police Murder Trial

Proceedings in the murder trial of six policemen ended ahead of schedule on Thursday after tension developed between lead prosecutor Kathy-Ann Pyke and Cygale Pennant, a junior prosecutor from the Office of the Director of Public Prosecutions.

The court rose after the lunch interval because the issue, which had surfaced earlier in the day, remained unsettled. Since the matter started in January, Pyke has led the prosecution team, while Pennant has been permitted at times to lead examinations-in-chief.

On Thursday, Pennant was assigned to question a DNA analyst from the Government's Forensic Laboratory. As she put questions to the witness and recorded the answers, Pyke was seen at intervals attempting to guide her on what should be asked next while the witness was still speaking.

Pennant, who appeared intent on noting the testimony, asked Pyke to wait until she had finished writing. That response appeared to upset the senior prosecutor.

After Pennant completed her notes on testimony concerning DNA material connected to the three men fatally shot by police in an alleged shoot-out, she turned towards Pyke. Pyke had her head down in documents and appeared unwilling to explain further.

The dispute moved beyond the courtroom during the lunch break, with exchanges between the two prosecutors. Pyke accused Pennant of not carrying out her instructions.

When the matter resumed, Pyke sought to make an application that would allow her to take over the examination-in-chief of the DNA analyst. Defence attorney Hugh Wildman objected, telling trial judge Sonia Bertram-Linton that such a move was not permitted.

Wildman submitted that the law is settled on the point: once one attorney has responsibility for a witness, another attorney cannot assume control of the same examination-in-chief.

Following the objection, Pyke withdrew her application. The trial, however, did not proceed, as Bertram-Linton decided to adjourn the case until Friday.

Wildman, who appeared to have expected the hearing to continue, showed disappointment after the judge announced that the matter would resume the next day. He asked Bertram-Linton to explain why the court was ending the day's sitting.

Bertram-Linton told him, "We are not continuing because I have decided that we are adjourning for the day. I have made a decision."

Wildman continued to complain, saying the case should not be put off because of Pyke. "It is because of Ms Pyke and she is the one who is always talking about dragging out this case," he said, before the judge urged him to leave the matter there.

"Very well, Milady," Wildman replied.

The six accused men are Sergeant Simroy Mott, Corporal Donovan Fullerton, and constables Andrew Smith, Sheldon Richards, Orandy Rose, and Richard Lynch. Fullerton also faces a charge of making a false statement to the Independent Commission of Investigations.

They are being tried over the January 12, 2013 shooting deaths of Matthew Lee, Ucliffe Dyer and Mark Allen. The three men were killed on Acadia Drive, near its junction with Evans Avenue in Barbican, St Andrew.

The prosecution's case is that police on an operation signalled the driver of a Blue Mitsubishi Outlander to stop. It is alleged that the driver hesitated before stopping, and that men then got out of the vehicle and engaged the police in a gunfight in which they were killed.

The DNA analyst told the court on Thursday that swabs said to have come from the scene, including from inside the blue Outlander, were connected to the three deceased men.

Syndicated from Jamaica Observer · originally published .

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