'Chucky' Brown Trial | 'No second bite of the cherry' - Judge shuts down attempts by defence to re-examine witness
Despite vigorous efforts by attorney Vincent Wellesley to re-examine the Independent Commission of Investigations (INDECOM) Assistant Com-missioner Hamish Campbell, presiding judge Justice Vivene Harris was determined to not allow it.
As the trial for murder accused Constable Collis 'Chucky' Brown continued at the Home Circuit Court in downtown Kingston yesterday, the jury was made to listen to the interview Brown had with INDECOM on August 10, 2013, as well as a recording of September 29, 2013, when he signed a 93-page transcript.
Campbell took the stand for the purpose of identifying the voices on the recordings.
When the playback of the recordings ended, Wellesley, who is one of Brown's attorneys, asked Campbell, "When the file was prepared in relation to this matter, did you seek guidance from the DPP?" To which the prosecution objected, citing that no new evidence had been tendered into evidence. The judge agreed.
"I am not going to give you or Mr Godfrey a second bite of the cherry ... . All of this could have been asked of Mr Campbell when he was being questioned on the 10th and 11th of October," said Justice Harris.
But Wellesley, who was determined to ask certain questions, made a second attempt. This time, Justice Harris gave the instruction that she would have to approve the question before Campbell was allowed to answer.
Consequently, Wellesley asked Campbell: "When you joined INDECOM, did you have any bias against the police?" To which Campbell responded, "None whatsoever." But Wellesley retorted, "That's not true."
Wellesley then asked, "Was Brown examined by a psycholo-gist or psychiatrist in relation to this matter?"
"The DPP said it was prudent that Brown be examined by a psychologist," Campbell res-ponded as Wellesley interjected, evoking laughter from members of the six-member jury.
Wellesley, in a final attempt, tried to ask Campbell another question but was stopped dead in his tracks by Justice Harris.
"I have repeated ad nauseam. I will not be reopening cross-examination," said Justice Harris, to which Wellesley relented.
Meanwhile, in the interview that INDECOM conducted with Brown at their headquarters in
St Andrew on August 10, 2013, the accused admits to being a member of the team that carried out the hit on Robert 'Gutty' Dawkins.
Brown is heard saying in the interview that he was chosen to be part of the team because he had the heart to carry out the murders.
Brown also said in the interview that the police High Command celebrated the 'special police squad' because they were able to reduce the number of murders taking place in Clarendon.
As the interview continued, Brown is heard revealing that the special police squad comprised at least 16 members, for some of whom he provided the INDECOM investigators with numbers.
Brown is indicted for charges stemming from Dawkins' murder as well as the December 13, 2012, murders of Dwayne Douglas and Andrew Fearon along the Swansea main road in the parish.
He is also facing one count of wounding with intent and one count of conspiracy to murder.
The trial will be resumed on Monday when the prosecution's final witness is expected to take the stand.