Odinga murder trial – Prosecution seeks to lead deposition evidence

THE prosecution in the Odinga Green called ‘Dingo’ murder trial, in which the alleged murdered woman was found in a shallow grave, is seeking to prove its case by means of depositional evidence.
Yesterday leading prosecutor Mrs. Judith Mursalin and her assistant, Miss Diana

Kaulesar were pleading with trial judge Mr. Franklyn Holder to “give us permission to lead deposition evidence of two witnesses.”
The two witnesses who had testified at the preliminary inquiry but are now not available to testify at the trial before judge and jury are Mosa George Lowe, a hairdresser, and Jenny Martin, mother of the deceased Nazaleene Mohamed.
Under Section 95 of the Act, the prosecution has applied to the court for the depositions of those witnesses who are now not available to be read as evidence to the jury.
Before this could happen, however, the prosecution will have to lead evidence in absence of the jury to prove to the judge that their application is permissible under the Law.

Consequently, the jury has been sent out of sight and hearing while evidence is  being led by witnesses with the hope of proving to the  judge’s satisfaction that the law had provided the green light for the acceptance of the depositions in the absence of the witnesses.
The witnesses who have so far testified in the absence of the jury are Corporal Brian Europe; Simone Wilson of 183 Wood Pecker Lane, Wismar; Sgt. Troy Benn of the Central Immigration &  Passport  Office; Paul Anna Matthews Joseph of the Central Immigration & Passport Office; Jenny Mayers of Lot 1 East Ruimveldt, Georgetown; and Mervyn Perreira.

The prosecution hopes to call its final witness to testify this morning, following which the judge will deliver his ruling.
Defence counsel Mr. Nigel Hughes, who did not cross-examine any of the witnesses called, might perhaps address the court on the issue.
Government Pathologist Dr. Nehaul Singh, who performed the post-mortem, is expected to testify today.

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