Justice Dawn Gregory on Wednesday disallowed a witness’ statement following a voir dire in the trial of murder accused Mortimer Melville at the High Court.
Justice Gregory ruled that the statement of Phillis Carter could not be admitted into evidence because she was not present to testify and the defence would not have an opportunity to cross examine her.
State prosecutors Diana Kaulesar and Renita Singh had tried to get Carter’s statement entered into evidence since she cannot be found.
Melville, a bus conductor of 93 Prince William Street, Plaisance, and of Hadfield Street, Werk-en-Rust, is accused along with Jevon Ismond of killing former presidential guard Nasir Alli on August 21, 2007, during a robbery at Better Hope, East Coast.
Earlier in the trial, Justice Gregory had thrown out Melville’s caution statement.
The prosecution has closed its case and defence counsel Compton Richardson and Hookumchand made no-case submissions in the absence of the jury to the court. The prosecution will reply to the defence’s submissions today, after which Justice Gregory will rule.
