Chief Justice rules witness’s deposition admissible

The prosecution won the legal battle with the judge deciding that the deposition of Dr. Cyril Leslie Mootoo who left British Guiana on the MV Oranjestead, 1963, be tendered in evidence in his absence and read to the jury.

Chief Justice Harold Bollers after taking evidence under Section 95 of the Evidence Ordinance Cap 25, as amended by Ordinance 29 of 1961 to have admitted in evidence the deposition of a witness on the ground of his absence from the Colony, after boarding the ship MV Oranjestead.
As a consequence the judge ruled that the deposition of the witness Dr. Cyril Leslie Mootoo, the Government Bacteriologist and Pathologist be tendered and admitted in evidence and read to the jury.
It was proved that the deponent had left by a ship which was piloted by a witness out of the Georgetown Harbour. The witness had however left the vessel while it was still in territorial waters, and because of this, it was submitted by the defence that there was no legal evidence that the vessel was bound for some port outside of British Guiana; the defence also objected to the admissibility, as to the truth of its contents, of an embarkation card filled up by the deponent immediately before his departure. In the card the deponent had stated his destination as Plymouth, England. This submission was overruled by Justice Bollers.
The judge added: “I am in agreement with counsel for the prosecution in his submission that with or without the admissibility of the documentary evidence, there is sufficient evidence on the record to prove that the ship, MV Oranjestead, when it sailed from the Georgetown Harbour on its outward journey from British Guiana on 3rd September, 1963, with the deponent, Cyril Leslie Mootoo on board, it was bound for a port or place beyond British Guiana.”
“There is the further evidence of enquiry being made by the immigration officer and the constable at the residence and business place of the witness and the failure to find him which must not be overlooked, and I therefore arrive at the conclusion that I am reasonably satisfied by the oath of a credible witness of the absence of the deponent witness from British Guiana and I rule that the deposition be tendered and admitted in evidence and read to the jury.”
Crown Counsel Mr. Doodnauth Singh appeared for the Crown while Mr. L. F. S. Burnham, Q.C, S. E. Brotherson, R. H. Mc Kay and W.R. Adams appeared for the accused.
Chief Justice Bollers added: ”In this indictment for murder, the prosecution under Section 95 of the Evidence Ordinance, Cap. 25, seek to tender and have admitted in evidence the deposition of Dr. Cyril Leslie Mootoo the Government Bacteriologist and Pathologist, on the ground of absence from the Colony of British Guiana.”
“The defence opposed the application on the broad ground of failure to comply with the Section and failure on the part of the prosecution to establish the requirements of sub-section 4 of Section 95 as repealed and re-enacted by Section 2 of the Miscellaneous Enactments (Amendments) Ordinance, No. 29 of 1961, and more particularly they urge that there is no proof that the deponent was on board a vessel on its outward journey from British Guiana bound for some port or place beyond British Guiana.”

(By George Barclay)

SHARE THIS ARTICLE :
Facebook
Twitter
WhatsApp

Leave a Comment

Your email address will not be published. Required fields are marked *

All our printed editions are available online
emblem3
Subscribe to the Guyana Chronicle.
Sign up to receive news and updates.
We respect your privacy.