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Iton freed of murder
From the Courts
June 26, 2012

Iton freed of murder

After facing a nearly impossible task of jumping hurdles, the prosecution in the Zanal Iton murder case was forced to throw in the towel.{{more}}

As a result of the prosecution’s discontinuation, Iton was cleared of the murder of his 18-month-old stepson, Jayden Commissiong, on August 1, 2008 at Villa.

He died as a result of blunt trauma to the abdomen.

When the case continued on Thursday, June 21, at the High Court, Crown Counsel Colin John indicated that he was discontinuing the matter because of certain developments.

John said the case was discontinued, based on the evidence of Surgical Pathologist, Dr Tracy Bernard.

Bernard had testified in court the day before that the child’s abdomen was was filled with blood and there was a fracture of the left 5th rib in the back, which had an old scar.

She noted that the injuries could have been caused by a fist and that the injuries were consistent with someone who might have fallen.

However, John told SEARCHLIGHT that the evidence of the doctor was conflicting. According to John, at the first trial, the doctor noted that the injury would have been caused by the use of a fist and not sustained by a fall.

He noted that Bernard had said at the first trial that it would have taken considerable force to cause such injury and at this trial, she noted that the injury did not require much force because it was a small child.

“We would have had to prove that the child died from a fall and based on the evidence, it would have been impossible to get around that,” John said.

In a statement given to the police, Iton maintained his innocence and said he never struck the child that day or any other time.

The child’s mother, Faynola Commissiong, had testified in court that she was walking to the supermarket with her son, when it began to rain. She said she asked Iton to carry him home for her because she did not want him to get wet.

When she arrived home, Commissiong said she called out to her son, but he did not come to meet her. According to the pregnant woman, she headed straight into the bedroom and saw her son lying on the bed with one of his hands close to the edge of the bed.

“He was moaning and groaning. I notice like the black part of his eye was in the corner. I called to Zanal who was in the bathroom and I asked him what happen to Jay and he ask me if Jay normally take in with fits (Epilepsy) or anything and I told him no…”

He died on arrival at the Milton Cato Memorial Hospital.

Counsel Ronald Marks represented Iton in the case, while Justice Wesley James presided over the matter.

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