Improper procedure in securing a spent shell found at the scene of the crime on the evening 62-year old businessman Cornelius John was shot has led to the court rejecting that exhibit presented by the prosecution as a part of their evidence.
District Magistrate Bertie Pompey, presiding at the Mesopotamia Magistrate Court, rejected the prosecution’s exhibit Tuesday morning in light of evidence that the chain of custody was broken and that there was no proper documentation.
The court heard that auxiliary police officer Rochelle Franklyn, who lives in the area, discovered the spent shell when she went to the scene on the evening of April 13th, 2021, shortly after John was shot in the leg.
John was shot on his residential property at Diamond after three persons, two males and a female, went there uninvited.
The taller of the two males is said to have shot John.
The court also heard that police constable Jomo Toppin of the Calliaqua Police Station discovered the spent shell when he and others responded to a call later that evening.
In his testimony on Tuesday, PC Toppin said he saw the spent shell and he took a photograph of it with his personal cell phone and made a printout. He said he kept the shell in his possession and subsequently it over to a sergeant Bobb.
PC Toppin told the court he did not put his initials or and identifying mark on the spent shell.
The court heard that there was no reference to sergeant Bristol on the exhibit and she did not make a statement.
The prosecutor, Stephen Brette of St Lucia who was employed to prosecute the case, said that a way to cure the issue was for sergeant Bristol to be called to give evidence that she had received the exhibit from Toppin and for Toppin to say he had given it to her. However, Bristol was not in court.
Asked what he could tell the court about the exhibit tag attached to the envelope that contained the spent shell, PC Toppin said the exhibit keeper wrote the description on that tag. He also said the exhibit keeper packaged the exhibit. However, when asked if he was present when all of that happened, he said no.
Defense lawyer Ronald Marks, who is representing Assistant Director of Public Prosecutions Karim Nelson who is accused of shooting John, said that the court was facing a difficulty with the presentation of the exhibit to the witness for identification.
Another defence lawyer, Dwayne Daniel, who is representing government senator Ashelle Morgan who is on a different charge stemming from the shooting incident, noted that PC Toppin had nothing to do with the packaging and identification of the spent shell – a procedure that is of crucial importance.
The defence said the issue was incurable as it relates to the witness’ failure to place identifying mark and to package.
Marks said the situation created a “high possibility” for potential tampering.
“I will not admit it into evidence,” magistrate Pompey said.
