Caution statement allegedly made by accused inadmissible
THE substantive trial of Kaneville murder accused, Dwight Da Silva begins today, with the prosecution addressing the jury on the evidence minus a caution statement which was found inadmissible via a voire dire that ended yesterday. The voir dire (a trial within a trial), conducted by Justice Roxanne George, ended yesterday, the jury was told.
Members of the jury were asked to be present in court this morning when the prosecutors, Ms Konyo Sandiford and Ms Retina Singh, would open the case to them in relation to the admissible evidence, about which witnesses will be called to testify.
During the voir dire ruling yesterday, Justice George commended leading prosecutor, Ms. Konyo Sandiford “for being upright in relation to the evidence, as it affected the welfare of the prosecution and the defence”.
The accused, Dwight Da Silva, stands indicted for the murder of Barbot Paul, which was committed on August 6, 2006.
Attorney-at-Law George Thomas is defending Da Silva.
The witnesses who have so far testified in the voir dire are Police Officers, Cedric Gravesande, Jermaine Laundry, Charles Britton and Senior Prison Supt. Donald Collis of the Mazaruni Prisons.
Collins was the Medex who had examined the accused at the Georgetown Prison on his admission to the institution.
When the trial was called up some days ago, defence counsel, George Thomas objected to the prosecution tendering an alleged caution statement on the ground that it was not obtained in accordance with the Judges’ Rules.
Justice George consequently held a voir dire to decide the admissibility of the alleged statement. On the basis of a reasonable doubt, the alleged caution statement was found to be inadmissible in evidence.