Magistrate apologises to witnesses for prosecution’s unpreparedness

Earle-Caddle apologised for the absence of five statements from State attorney Nadine Matura- Singh.

Matura-Singh said while the prosecution had 27 statements prepared to tender as evidence, five were still outstanding. She explained the investigating officer had encountered difficulty in finding the witnesses to give their statements. However, Earle-Caddle said the prosecution should be better prepared when coming to court.

“This person has been in custody since May 2016,” she said.

“Why don’t you have their statements as a part of your file? You knew the matter was fixed to be heard for today and you knew you were not in possession of these five statements, so why did you not apply for a court summons to be sent to these individuals?” Matura-Singh explained that up until Tuesday morning searches were carried out for the missing statements but the prosecution had been unable to locate them.

Pierre’s attorney Brent Winter argued there were numerous flaws in the recording of statements and other documents from the investigating officer, citing poor penmanship in addition to the prosecution’s failure to produce statements.

“Your worship, the interview notes recorded by the complainant from the accused are totally illegible, and now we are hearing that there are five additional statements that are outstanding. I don’t know how long this is expected to go on for,” he said.

Earle-Caddle agreed with Winter, saying she had set aside Tuesday to hear the matter but would have to adjourn it until September.

She also issued a stern reminder to the policeman who laid the charge that the collection of statements was his responsibility.

“Let me make it abundantly clear to you that if you do not have the statements by the next court date, you are to request a summons for the officers involved to come to court. You are the lead investigator and this is your case.

It is your responsibility to ensure that you have the necessary statements.” The case has been adjourned to September 19.