Barbara Gayle, Staff Reporter
CHIEF JUSTICE Lensley Wolfe yesterday threw out an application by the prosecution to put into evidence the statement which east Kingston businessman Danhai Williams had given to the police.
The application was made after Williams did not turn up to testify at the murder trial of Senior Superintendent Reneto Adams and the other five policemen charged with murder.
They have been on trial since October 31 for the murder of four civilians at Kraal, Clarendon, on May 7, 2003.
After Williams did not attend court yesterday, Prosecutor Terrence Williams said he was making an application under section 31D (d) of the Evidence Act in regard to the witness who is number 36 on the back of the indictment. Williams is number 36 on the back of the indictment which sets out the charges against the accused.
PERSON CANNOT BE FOUND
The section under which the prosecution was seeking to put in the statement states that the statement of a person in criminal proceedings can be admissible if it is proved to the satisfaction of the court that the person "cannot be found after all reasonable steps have been taken to find him."
Defence lawyers said they were opposing the application. Lengthy submissions were then made in the absence of the jury.
When the jury was recalled into court, the prosecution said it would not be calling two witnesses from Cable and Wireless who had been attending court since last week, to testify at the trial.
The Crown is alleging at the trial that the policemen were not acting in self-defence when the civilians were fatally shot. The prosecution is alleging that
persons, including Bashington Douglas, also called 'Chen Chen' and 'Shortman', were at a house at Kraal when the policemen went there and opened fire at them.
The other policemen on trial are corporals Patrick Coke and Shane Lyons and Constables Devon Bernard, Roderick Collier and Leford Gordon.
They are charged with the murder of 47-year-old Angella Richards, 39-year-old Lowena Thompson and Kirk Douglas and Matthew James, both 29 years old.
