THE William Street, Campbellville septic tank murder trial which began on May 13 with a voir dire (a trial within a trial) suffered a further setback on Wednesday midday, through the absence of a defence witness. The accused are Ralph Tyndal, also called ‘Nick’, Anthony De Paul Hope, also called ‘Papa’, and Kevin O’Neil.
The accused men are charged with having between the 27th of December 2007and the 6th of January, 2008, in the county of Demerara, murdered Colleen Forrester, 44, whose body was fished out of a septic tank at William Street, Campbellville.
Attorney-at-law, Mr. Melvyn Duke, representing ‘Papa’ one of three accused charged with the murder of Forrester was given time by Justice Madame Roxanne George to find his absent witness, retired Matron Felix of the Georgetown Prisons.
Duke said that his witness for the voir dire was believed to be at Kwakwani, Berbice, and he assured the judge that if she did not turn up yesterday he would close his case in the voir dire.
This means that if the witness does not appear, Duke will address the judge as the other lawyer had already done on behalf of his client, leaving room for the judge to continue the voir dire, in relation to No. 3 accused Ralph Tyndal, also called ’Nick’.
But Hope’s witness did not turn up yesterday. As a consequence, leading prosecutrix Miss Stacy Goodings who is accompanied by Miss Diana Kaulesar and Miss Shawnett Austin, for the Prosecution, replied in relation to the remarks made by defence lawyer Melvyn Duke.
When the septic tank murder trial began on May 13th the prosecutrix disclosed that she hoped to call 15 witnesses.
But when it became known that some of the witnesses were to tender three alleged caution statements that were allegedly given to the police by the accused, the lawyers for the accused objected to the tendering of the statements on the grounds that they were not obtained in accordance with the Judges’ Rules.
As a consequence the judge decided to conduct a voir dire in the absence of the jury to decide on the admissibility of the statements
Lawyer Mr. Madan Kissoon is representing Tyndal and Attorney Mr. George Thomas is appearing for O’Neil.
The Judge noted that the June Criminal Session in Demerara opens next Tuesday, and pointed out that the current case will continue despite the presence of the June Session.
The hearing of the voir dire as it affected Hope, called ‘Papa’ was completed yesterday, giving the judge the opportunity to begin the third and last voir dire in relation to No. 3 accused Tyndal.
Because the judge will be hearing civil cases today, Tyndal’s matter is not expected to be concluded before Monday or Tuesday of next week.
The main trial at which 15 witnesses are expected to be called by the prosecution will begin following the judge’s ruling in the voir dire.
By George Barclay