Cop freed of framing man on ganja charge

In an historic judgment yesterday, the Court of Appeal warned judges about making unfair comments on the absence of witnesses whose names are called in evidence as being likely to substantiate allegations made by the defence. This error by a trial judge resulted in policeman Earl Skeete being set free yesterday by the court.  Skeete  was sentenced to ten years hard labour for perverting the course of justice by framing Boodram Seepaul, of Lalbeharry Trace in Penal, on a false marijuana charge on September 27, 1991. He was found guilty by a majority verdict.

Arguing his appeal was Ravi Rajcoomar, while DPP Geoffrey Henderson appeared for the State. At the trial it was contended that the prosecution’s main witness, PC Celestine Lewis, had allegedly told Skeete, “You make me get transfer. I will set you up and make you lose your job.” Skeete had contended that when Lewis allegedly made those statements, it was done in the presence of a Sgt Roodal and a PC Dowridge. But neither was called as a witness by the prosecution to prove the allegation wrong, nor the defence, to prove it correct. The judge in his summing up had this to say  about the failure of the defence to call Roodal or Dowridge, “but have we heard any report being made, anything from Roodal or Dowridge about this...” 

The Court of Appeal was of the view that this is impliedly asking the jury to take the absence of the two policemen into account in assessing the credibility of Skeete on his allegation that PC Lewis had said to him that he would cause him to lose his job. In a similar matter, the court recalled Lord Goddard’s advice: “It would have been better to say: ‘The prosecution very likely for good reasons did not call him and that left the defence to call or not to call as they chose. In a criminal case, there is no obligation on the defence to call any witness, though the failure to call a particular witness may be a matter the jury will take into account.’”