– accused to face second PI 
THE Committal Order against accused Ralph Tyndall, 26, Anthony DePaul Hope, 25, and Kevin O’Neil, 26, for the alleged murder of Colleen Forrester in 2008, was quashed yesterday.

The three men are accused of killing the Campbellville woman and dumping her body in a septic tank.
Justice Diana Insanally in making the order had accepted defence submissions in support of a preliminary objection which claimed that an unsworn statement of a child of tender age was the only evidence on which the Committal Order was based.
Declaring her acceptance of the submissions, Justice Insanally quashed the Order and ordered a new Preliminary Inquiry for the accused.
That PI will also have to hold a voir dire (a trial within a trial) to determine the admissibility of caution statements by the accused. At the last PI a voir dire had started but was not completed.
The judge who had listened to the submissions in the absence of the jury told them afterwards that she was satisfied that the case was not properly brought and would have to be sent back to the magistrate.
She also discharged the jury from the particular case and told them to return next week.
However, according to the three lawyers in the matter, in the instant case, the child witness was found to be incompetent some years ago.
Now five years later, the State would have to cure their defect along with the issue of an incomplete voir dire.
So this indictment is problematic on three grounds:

1. The unsworn statement of the child witness deemed incompetent in a court of law cannot now be used as evidence against the accused.
2. The caution statement of the co-accused cannot be used as corroboration.
3. The incomplete voir dire would be difficult to remedy some five years after.
Prosecuting in the matter was Ms Dhanika Singh. Lawyers representing the accused were Mr. Madan Kissoon for Tyndall, Mr. Melvin Duke for De Paul Hope and Mr. George Thomas for O’Neil.
The accused are remanded to prison to await their second preliminary inquiry, which according to the judge must be completed within four months.

(By George Barclay)