Kingston, Jamaica (McN) — On Thursday the defence in the Death Squad trial of two policemen, made a “No Case” application into the Home Circuit court. The lawmen are on trial, one for murder by gunfire of a 20-year-old and the other, on trial for shooting injury of a 17-year-old in 2010.
Corporal Rohan Morrison and Constable Collis Brown are on trial for murder and wounding with intent charges, following a shooting incident in which, Fabian Dinal, 20-years-old was fatally shot and another man, 17 at the time of the incident was shot in the chest and injured, on Windsor Avenue in May Pen, Clarendon in February 2010.
Corporal Morrison is accused of shooting and killing Dinal, while Constable Brown is accused of shooting and injuring the main witness.
Follow the Death Squad trial here.
Lawyers for the officers argued in court that the prosecution has not presented any evidence linking their clients to the crimes.
Defence Attorney Norman Godfrey argued that there was no evidence, ballistic or otherwise, before the court showing how Dinal was killed. Attorney Vincent Wellesly argued that there was no eyewitness account of how Dinal was killed. He stated that, the main witness had testified that when the shot was fired at Dinal, he (the witness) was lying face down on the ground.
There is a Case to Answer, Rules Justice Jennifer Straw
In response the defence “No Case” application,” Justice Jennifer Straw ruled that Corporal Rohan Morrison and Constable Collis Brown does have a case to answer.
Justice Straw told the court on Thursday that there are two accounts of the February 2010 incident to be compared, but it is for a jury to decide which one is the truth.
The Judge agreed that the main witness’ account of the incident has inconsistencies, but a jury should decide whether he is credible, bearing in mind that he explained why there were inconsistencies in his statement.
Justice Straw on Thursday refused the prosecution’s application to admit into evidence an audio tape of one of the policemen allegedly giving details about the incident.
Follow the Death Squad trial here.
