Prosecution short of witnesses in May’s case

The prosecution in the Cuthbert “Cutty” May murder Preliminary Inquiry may have found itself in a tight spot as regards to the availability of witnesses.{{more}}

Yesterday, August 23, at the Serious Offences Court, Prosecutor Adolphus Delpesche was left in a quandary when only four of the 17 witnesses expected to give evidence in the matter turned up.

The matter before the court involves murder accused Raffique Dopwell and Marshall Hadaway who are jointly charged with the May’s murder on October 14, 2009 at Rose Place.

When asked by Chief Magistrate Sonya Young where were the seven police officers who are to give evidence, Delpesche could only give account for four. The prosecutor added that they were also awaiting an expert witness from overseas but could not tell when that person would be in the state.

It was also said that some of the persons expected to be called had not even been served by the police.

Making matters worse for the prosecution, Inspector Franklyn Williams, police photographer, stated that he was not able to print the pictures from the murder scene because the paper used for printing the photographs is not available in St Vincent. He said he might receive the paper later this week.

With a puzzled looked on her face, Magistrate Young said when she adjourned the matter on July 28, 2010, she expected that everything would be in place for the matter to commence smoothly when the P.I. resumed. Young said there were summonses for witnesses dated August 20, 2010.

“You all got to be kidding me. You are serving people to come to court on Monday?” Young asked.

One officer who was summoned to the witness stand told the magistrate that he served some of the witnesses while other officers had the responsibility to serve others. Young took the names of the absent officers and other witnesses and threatened to issue bench warrants for their arrest. However, she stated that witnesses should be served with summonses to appear in court today, Tuesday, August 24, when it is hoped that the matter will resume.

“What can we do between today and tomorrow that couldn’t be done in a month…I was expecting to finish this matter,” Young stated.

Meanwhile, Hadaway’s attorney, Kay Bacchus-Browne told the court that her client has been in custody since November and the prosecution is only playing for time. “I have been saying that the police has no case against him…To me this is playing for time and playing with a man’s life,” Bacchus-Browne submitted.

The prominent lawyer further suggested that the six-month guideline set out by the Chief Justice within which cases should be heard should be applied. “I’m asking you to apply directions from Chief Justice… We were under the impression that 17 witnesses were duly summoned and didn’t show up to court,” Bacchus-Browne added.

If the matter is unable to resume today, it will contine this Friday, August 27. (KW)