Judge grants defence one more chance

IN PASSIVE defiance of instructions by Justice Herbert Volney to close his case, defence attorney Mario Merritt yesterday refused to do so by remaining silent. Merritt, who is defending murder accused Daniel Agard in the Cascade Triple Murder Trial, calmly maintained that the evidence of the witnesses he had called must be heard before he closed his case. The three witnesses called by the attorney were supposed to have given evidence on Monday but they had not shown up because two had been on vacation and injury leave and the third could not be located at the address on the subpoena. As a result, Volney then allowed the defence “one more chance” to bring the witnesses to court yesterday morning, or close his case.

However, when hearing resumed yesterday morning, Merritt told Volney the subpoenas had not been sent out and therefore there were no witnesses to give evidence. Volney then ordered Merritt to close his case or “I will close it for you,” but the defence attorney refused. A visibly upset Volney instructed defence attorney Wayne Sturge to start the case of his client Lester Pitman, and stood the matter down for one hour so Sturge could organise his witnesses. Agard and Pitman, both of Upper Bushe Street, Maitagual, San Juan are before Volney at the Port-of-Spain Second Criminal Court charged with the murders of 59-year-old John Cropper, 83-year-old Maggie Lee, and 51-year-old Lynette Lithgow-Pearson. The three were found with their throats slit at their Second Avenue, Mt Anne Drive, Cascade home on December 14, 2001, three days after a party hosted at the house by Pearson. They were reportedly killed sometime between December 11 and 13. 

After the evidence of Sturge’s two witnesses was heard and Pitman’s case was closed, Volney afforded Merritt one more chance to bring his witnesses to court today. “While it is unusual for the court to dance to your music regarding your witnesses, if it will serve the ends of justice for your client, and if there are no objections, I will give you till in the morning to find your witnesses,” Volney said. In addition, the judge instructed the two defence attorneys to come prepared today to address the jury. One of the witnesses called by Sturge was the aunt of Pitman, Mary Pitman-Gilkes. According to Pitman-Gilkes, when her nephew had been in police custody prior to his being charged with the murders, she had been assured by Sgt Wayne Dick of the Homicide Bureau that Lester had nothing to worry about because he was innocent. Hearing resumes today.