AFTER the voir dire (a trial within a trial) ended, the original trial began with the star witness Policeman Keven Herbert telling the jury how blood stains and a stench led him to a septic tank where the body of Colleen Forrester was found.This led to three men being arrested and charged with murder. They are Raph Tyndal, also called ‘Nick’, Anthony De Paul Hope, also called ‘Papa’, and Kevin O’Neil.
They are charged with the murder of Colleen Forrester between 27th December 2007 and 6th of January 2008.
Despite the clear ruling by Justice Roxanne George that the statements were freely and voluntarily given and are admissible in evidence, defence counsel are pursuing their cross-examination with vigor.
Keven Herbert at the original trial was about to tender one of the statements when objection was taken by the defence on the grounds that the statement was not obtained in accordance with the judges’ rules, leading to the voir dire to decide the issue.
After the ruling yesterday, he was given the right to say on the day in question that he and other ranks went to a home at 55 William Street, Campbellville where he saw two of the accused.
They gave him an opportunity to search the home. He searched the house and in coming down the stairs he was attracted by what appeared to him to be blood stains. He also found two pairs of jeans, two buckets with what appeared to him to be stains, and a stench led him to a septic tank in the yard.
According to him, they lifted up the cover of the septic tank and discovered the body of a woman wrapped in pieces of a sheet. The witness said that two of the accused were present when the body of Forrester was found.
He said further that he collected the exhibits, including the buckets and two silver pans and placed marks on them before lodging them at the Alberttown Police Station for examination.
The body was taken to the Georgetown Hospital and subsequently an autopsy was performed by Dr. Nehaul Singh.
Defence counsel Madan Kissoon representing Tyndal suggested to the witness that his client was not around when the police visited the scene and carried away articles and took the woman’s body out of the septic tank. The witness agreed that Tyndal was not present.
The hearing is continuing.