JUSTICE Dawn Gregory, the presiding judge in the Better Hope murder trial, is conducting a voir dire ( a trial within a trial) to decide the  admissibility of deposition of a missing witness whose evidence the prosecution hopes to use as corroborative testimony. But while the prosecution, led by Miss Renita Singh, in association with Miss Diana Kaulesar, is seeking to have the deposition of the missing witness  Phyllis Carter tendered in evidence as  corroborative evidence, defence attorneys Mr. Huckumchand and Mr. Compton Richardson are saying ‘No’ to the request.

At the voir dire, the judge is hearing legal arguments in the absence of the jury in order to be satisfied that in law, the evidence is either admissible or inadmissible.
Defence lawyers have cited certain decisions in support of their contention that the witness did not fall under the requirements of Section 95.
And the prosecution was expected to reply yesterday afternoon, with submissions to the contrary.
It was not then known whether the judge would have ruled yesterday or reserve her ruling for today.
Accused Mortimer Melville, called ‘Dellon’, and Jevon Ismond are indicted for the offence of murder.
It is alleged that on the Augst 21, 2007, they murdered Nazir Ali.
Nazir Ali’s sister, Bibi Ali, has already given evidence and the prosecution is seeking to have the deposition evidence of missing  witness Phyllis Carter tendered under Section 95 to corroborate the testimony of Ali.
But the defence is objecting on several grounds, and has submitted a number of decisions in support of their contention.
On the other hand, at the substantive trial, the prosecution had led evidence to show that the accused had committed a felony murder, when they robbed Nazir Ali and later shot him to death.
A post-mortem showed that the cause of death was due to multiple gunshot injuries.
The hearing is continuing.