Defence objects after sudden role change in prosecution in Acadia murder trial

A verbal spat between the lead prosecutor and her junior on Thursday resulted in an early adjournment of the trial of six policemen charged in connection with the 2013 fatal shooting of three men on Acadia Drive in St Andrew.

Lead prosecutor Kathy-Ann Pyke, who is a senior deputy director of public prosecutions, and Cygale Pennant, acting assistant director of public prosecutions, reportedly had an argument inside and outside the courtroom during the lunch break over issues relating to the trial.

Prior to the break, Pennant had been leading evidence from a government forensic officer who analysed DNA profiles obtained from blood, bone, flesh, and T-shirt samples collected at the incident scene and from the vehicle in which the three deceased men had been travelling.

However, when proceedings resumed, Pyke informed the court that based on a decision by the director of public prosecutions (DPP), she would take over the examination of the witness. She said the issue stemmed from an administrative matter.

However, defence attorney Hugh Wildman strongly objected to the development, arguing that it was a breach of common-law procedure for another attorney to take over the conduct of the evidence midway through testimony. The objection prompted the judge to ask the witness and jury to leave the courtroom so that submissions on the legal issue could be made.

Following a sidebar discussion involving the defence and prosecution teams, it was agreed that the prosecutors would hold further discussions with the DPP to resolve the matter.

The jury was subsequently recalled and dismissed for the day, and the matter was adjourned.

Sergeant Simroy Mott, Corporal Donovan Fullerton, and Constables Andrew Smith, Sheldon Richards, Orandy Rose, and Richard Lynch are on trial for murder in connection with the deaths of Matthew Lee, Mark Allen, and Ucliffe Dyer.

Earlier in the proceedings, the forensic analyst testified that examinations conducted on samples collected during the investigation produced both full and partial DNA profiles matching Dyer. She said three full DNA profiles were found.

She said for profile one, a full DNA profile was obtained from blood allegedly collected from a sidewalk at the scene and from a T-shirt allegedly taken from Dyer’s body. A partial DNA profile was also obtained from another blood sample allegedly recovered from the sidewalk.

“The profile obtained matched the profile generated from the blood sample allegedly taken from the deceased Dyer,” the witness said.

The analyst further testified that Dyer could not be excluded as the source of the DNA profile obtained from the sidewalk sample and the T-shirt exhibit.

She said the probability of another unrelated Jamaican sharing the same DNA profile was calculated at one in 14 quintillion 285 quadrillion.

The witness explained that the random match probability was used to determine how rare the DNA profile was within the Jamaican population.

According to the analyst, several exhibits were submitted to the DNA unit for analysis, including swabs allegedly taken from a blue Mitsubishi Outlander motor vehicle, samples recovered from the dashboard of the vehicle, and bone and flesh matter allegedly found inside the SUV.

Items of clothing, including a T-shirt allegedly taken from Dyer’s body, were also submitted to the forensic laboratory in April 2015 for analysis.

The witness will continue her evidence today before Justice Sonia Bertram Linton.

tanesha.mundle@gleanerjm.com