CORONER, LORNA Errar-Gayle, on Monday, overruled an objection from a lawyer representing the police that 12 photographs taken of seven young men killed by the police last March in Braeton, St. Catherine not be tendered into evidence at the Inquest into their killings.
Attorney-at-law, Carolyn Reid, objected to the photographs being used as she said their admittance would not necessarily advance the work of the inquest but play on the jurors' emotions.
The lawyer was referring to photographs numbered 61-72 that police photographer, Detective Sergeant Victor Mendez, developed and compiled in a booklet last year. The 12 photographs were taken at the Spanish Town Funeral Home in St. Catherine.
But Ms. Reid told Mrs. Errar-Gayle she wasn't objecting to photographs 1-60 being tendered as evidence. These 60 photographs were related to the internal and external physical layout of Lot 1088 Fifth Seal Way.
"They (photographs 61-72) have no probative value and would only pander to the emotive side of any issue to be determined and would more be prejudicial than anything, and basically have no useful purpose," the defence attorney said.
But Carrington Mahoney, deputy Director of Public Prosecutions (DPP), differed with Ms. Reid on the ground that admitting all 72 photographs would indeed advance the work of the Inquest. He said two of the photographs showed close-up pictures of Lancebert Clarke, 19, and 15-year-old Ronald Beckford, two of the victims.
Mr. Mahoney added that to date, no one has appeared before the Inquest to identify the two men. He said two witnesses who should give evidence in this regard are abroad and should they fail to testify at the Inquest, the photographs would be useful in filling the gap, with the help of forensic pathologist, Dr. Ere Seshajah and Deputy Superintendent of Police (DSP), Maurice Goodgame of the Bureau of Special Investigations (BSI).
But in response, Ms. Reid, singling out and questioning the relevance of photograph #69, a close-up view of one of the seven men, submitted that the tendering of the photo and calling DSP Goodgame to testify would not fill the gap as he was not present at the post-mortem examination.
Attorney-at-law Maurice Saunders, who is representing the family of Dane Whyte, 19, and attorney-at-law Dennis Daly, Q.C., who is representing the family of Ronald Beckford, 15, also agreed with Mr. Mahoney's submission. Mr. Saunders said admitting all the photographs would be vital in linking the testimony of Danish forensic pathologist, Dr. Peter Leth, who appeared before the Inquest more than two weeks ago. The lawyer also said the jurors would be mature enough to deal with the sight of the photographs.
For his part, Mr. Daly told the court that the function of a Coroner's Inquest was to take all the evidence, but he added that Ms. Reid's objection could be relevant in "another place if possible".
In ruling on the matter, Mrs. Errar-Gayle said all the photographs would be accepted in evidence. She said the jurors have already heard witnesses testifying of seeing "bones, marrow and hole in the head", and that they nonetheless will no doubt "all have their breaths temporarily stopped after viewing some of the photos."
Meanwhile, in explaining the photographs, Det. Sgt. Mendez, a 20-year force veteran, said photograph #36 showed a box of matches and vegetable matter resembling ganja inside the living room. Photograph #37 he said, showed a piece of flesh on top a juke box. Photograph #44, taken of a wall from inside the living room, showed bullet fragments lodged in the wall. Photograph #56 showed a coverless toilet tank with the lower part of the toilet damaged and water leaking from it. Photographs 61-72 showed pictures of the seven young taken from different angles.
At the beginning of his testimony, Det. Sgt. Mendez, who works at the photographic section at the headquarters of the Criminal Investigation Branch (CIB), testified that at about 7:40 a.m. on March 14, last year, he received a message on the police radio instructing him to visit Lot 1088 Fifth Seal Way. On his arrival, the police witness said he saw DSP Goodgame who pointed at several areas at Lot 1088 and gave him the detective sergeant several instructions. Acting on the instructions, Det. Sgt. Mendez testified that he photographed areas within and outside Lot 1088.
At about 9:30 the same morning, he said DSP Goodgame told him to visit the Spanish Town Funeral Home where he photographed the seven young men. He said he later returned to CIB headquarters and processed the films into negatives. He said he then made photographs which he compiled into a booklet. Det. Sgt. Mendez said he then explained each photograph in an index placed on the inner side of the booklet. He said he compiled 15 booklets.
