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Stabroek News

KRAAL TRIAL: DAY 24 - Defence leaves phone records in the dark
published: Friday | December 2, 2005

Barbara Gayle, Staff Reporter

CHIEF JUSTICE Lensley Wolfe yesterday upheld objections made by defence lawyers in relation to a particular phone record which the prosecution was seeking to put into evidence.

He said he was not going to expose the jury to evidence that he might have to tell them to discard from their minds.

The lawyers objected when prosecutors were in the process of applying to put in evidence phone records in respect to calls made to and from a particular phone number on May 7, 2003.

CART BEFORE THE HORSE

The Chief Justice described the exercise as "putting the cart before the horse" and said he was not going to allow the evidence in the hope it became relevant when the other witness came to court.

Senior Deputy Director of Public Prosecutions, David Fraser, said it was not possible to have the relevant evidence yesterday afternoon.

The objections were raised while Systems Administrator Howard Mais, from Cable and Wireless, was testifying in the Home Circuit Court at the murder trial of Senior Superintendent Reneto Adams and the other five policemen charged with the murder of four civilians at Kraal, Clarendon, on May 7, 2003.

Mais said that on May 2004, Earl Smith, head of the Investigations Department at Cable and Wireless, had asked him to access company records in relation to a particular telephone number and that he extracted the number from the archives.

One witness from Digicel and two witnesses from Cable and Wireless were bound over to return to court on Monday.

SHOT FIRED AT FARMER

Adrian Fearon, a farmer from Kraal, testified that about 5:20 p.m. on May 7, he was at the house of Bashington Douglas otherwise called 'Chen Chen' and 'Shortman' and the now deceased Angella Richards. He said Douglas and other persons were at the house at that time. He said a bus drove up and "jam brake" at the gate. A man with a long gun jumped out of the bus and fired a shot at him. Fearon said he started to run towards the gully and while running shots were being fired at him.

Fearon admitted under cross-examination by attorney-at-law Jacqueline Samuels-Brown that he gave a statement to the police on May 15, 2003, in which he said he saw a man hurriedly leave the bus and started walking towards the house.

He denied suggestions from defence lawyer Oswest Senior-Smith that, on the very night of the shooting incident, he told 'Chen Chen' that he could only fire one shot because the gun fell from his hand. He also denied that 'Chen Chen' responded that only two shots were in the gun so he had to fire the two shots and run.

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