Missing witness ends accused's defence
Published: Tuesday | December 8, 2009
The expert witness, who one of the two men charged with the murder of Manchester couple Richard and Julia Lyn was seeking to call, was not in court yesterday.
Senior Puisne Judge Marva McIntosh was forced yesterday to send home the 11-member jury until today after defence lawyer William Hines said he had no statement from the expert witness.
Hines said all he knew was that the witness was called Major and so far had not received any exhibits.
Futile efforts for witness
The judge adjourned the case until 2 p.m. so the defence lawyers could get the expert witness to attend court. He would have been bounded over to attend today.
Defence lawyers Dr Randolph Williams and William Hines have been trying since last month to get an expert witness to testify for their client, 28-year-old taxi driver and farmer Lennox Swaby, of Hopeton district, Manchester.
Swaby and 26-year-old garbage-truck driver, Calvin Powell, have been on trial in the Home Circuit Court since October 5 for the double murder.
Yesterday, it was disclosed that the defence was trying to get retired superintendent of police Carl Major, who is a handwriting expert, to testify for Swaby.
When the court resumed yesterday afternoon, Swaby's lawyers told the court that they had made several attempts to contact the expert witness, but had been unsuccessful. Dr Williams said he had no choice but to close Swaby's case.
The defence was seeking to call an expert witness to testify in relation to a shoe impression found at the murder scene, which the Crown is alleging belonged to Swaby.
Powell, who is being represented by attorney-at-law Robert Arm-strong, is expected to give his defence when the trial resumes today.










