Cops ‘lose’ $$ evidence

The police could not account for the missing sum of $1,285, which the accused, Jason Scotland, was alleged to have taken from two men during a robbery. The money was tendered into evidence at the inquiry at the Magistrates’ Court but could not be found for the High Court trial which started last week. Also missing from the evidence exhibits was a bullet for a .357 magnum gun, which was allegedly found on Scotland.

Another point noted as a major setback in the prosecution’s case by Soo-Hon, was the failure of the police to hold identification parades so that the two robbery victims — Shastri Ramesar and Kelvin Chin Soo — could point out their assailants. Instead, they confronted the accused, and Ramesar identified Scotland, while in handcuffs and coming out of a police vehicle at St Joseph Police Station. Chin Soo also identified a handcuffed Scotland in a room at the Tunapuna Police Station. PC Blackman supervised the confrontations. This same policeman was also responsible for the money and other exhibits in the case. However, PC Blackman was not available to clear up the mystery of the missing exhibits in court, and his deposition was tendered into evidence.

Scotland, of Maloney, was before Soo-Hon in the Port-of-Spain Second Criminal Court charged with four counts of shooting at the police with intent, two counts of robbery with aggravation, possession of ammunition and firearm to endanger life, and malicious damage. According to the State’s case, Scotland and another man robbed Ramesar and Chin Soo at a parlour on Cassie Street, Tunapuna, on the morning of October 15, 1999. A highspeed police chase ensued, during which Scotland’s car crashed. He and the other man came out of the car shooting at the police, and escaped through some nearby bushes. Later, the accused was involved in another shoot-out with the police and was subsequently held with the money, gun and ammunition. He was defended by attorney Thomas Cunningham, while State prosecutors in the matter were Nalini Singh and Shoba Jamunar.

Soo-Hon said that ID parades should always be held and only in exceptional circumstances should a confrontation take place, and this was not a case for it.

The judge noted that the State had not produced the money exhibit, which was a vital link between the accused and the robbery. The police could not say what happened to the money. The court also noted the disappearance of the bullet.

Soo-Hon said that when taking all factors into account, the case must be withdrawn from the jury. She noted that the law required that an investigation must not fall short of holding an ID parade, keeping exhibits in order, and having crucial witnesses in attendance. "If the evidence is manifestly unreliable, the trial judge has a duty to withdraw it from the jury in order to prevent a miscarriage of justice," she added.