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JUSTICE Dawn Gregory, the presiding judge in the Better Hope murder trial ruled yesterday that the prosecution will not be allowed to tender the deposition of missing witness Phyllis Carter as corroborative evidence in the case. The judge made this ruling at the conclusion of a voir dire ( a trial within a trial) to determine the admissibility of the deposition of the missing witness, whose evidence the prosecution had hoped to use as corroborative testimony.
But while the prosecution, led by Miss Renita Singh in association with Miss Diana Kaulesar, was prevented from using the deposition of the missing witness to corroborate eye-witness Bibi Ali, the defence struck again by making a no-case submission.
This resulted in the holding of another voir dire.
This no-case submission followed the closure of the prosecution’s case, when Counsel Mr. Huckumchand and Mr. Compton Richardson, for the defence, made the no-case submission on the grounds that a prima facie case had not been made out and that the case was tenuous and weak and should be terminated.
Defence attorneys presented arguments in the absence of the jury in support of their contention.
On the other hand,Miss Renita Singh and Miss Diana Kaulesar also responded with arguments and cited several cases that supported the prosecution’s case.
Justice Gregory is expected to rule on Monday.
Accused Mortimer Melville, called ‘Dellon’, and Jevon Ismond are indicted for the offence of murder.
It is alleged that on August 21,2007 they murdered Nazir Ali.
Nazir Ali’s sister, Bibi Ali, has already given eye-see evidence and the prosecution lost its opportunity to have the deposition evidence of missing witness Phyllis Carter tendered under Section 95 to corroborate the testimony of Ali.
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.
But while the prosecution, led by Miss Renita Singh in association with Miss Diana Kaulesar, was prevented from using the deposition of the missing witness to corroborate eye-witness Bibi Ali, the defence struck again by making a no-case submission.
This resulted in the holding of another voir dire.
This no-case submission followed the closure of the prosecution’s case, when Counsel Mr. Huckumchand and Mr. Compton Richardson, for the defence, made the no-case submission on the grounds that a prima facie case had not been made out and that the case was tenuous and weak and should be terminated.
Defence attorneys presented arguments in the absence of the jury in support of their contention.
On the other hand,Miss Renita Singh and Miss Diana Kaulesar also responded with arguments and cited several cases that supported the prosecution’s case.
Justice Gregory is expected to rule on Monday.
Accused Mortimer Melville, called ‘Dellon’, and Jevon Ismond are indicted for the offence of murder.
It is alleged that on August 21,2007 they murdered Nazir Ali.
Nazir Ali’s sister, Bibi Ali, has already given eye-see evidence and the prosecution lost its opportunity to have the deposition evidence of missing witness Phyllis Carter tendered under Section 95 to corroborate the testimony of Ali.
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.
