Defence attorneys in the corruption trial of former junior Energy Minister Kern Spencer yesterday raised questions about the accuracy of the testimony given by a retired senior police investigator.
It came after Errington Malcolm, who was then an inspector of police assigned to the Organised Crime Investigation Division (OCID), detailed for prosecutors how he and a police team, armed with a search warrant, searched a New Kingston apartment occupied by Spencer and co-accused Colleen Wright in February 2008.
Malcolm gave evidence that on the instruction of then OCID head, Senior Superintendent Fitz Bailey, he went to the apartment at Renfrew Road to search computers and other electronic items and to look for light bulbs.
However, defence attorneys K.D. Knight and Deborah Martin sought to find out if the retired investigator knew that Spencer and Wright were in custody at OCID at the time the search was to be conducted.
Under cross-examination by Knight, Malcolm said he knew Spencer was in custody, but was not aware that Wright was also in custody because he did not know who she was.
He also testified that Bailey informed him that Wright would meet him at the apartment and said she showed up about 10 minutes after he got there and produced a key she used to let members of his team inside.
But Knight, Wright's attorney, sought to cast doubts about the retired investigator's account, suggesting he was aware that Wright and Spencer were in custody at the time the search was being planned and that a locksmith was engaged to open the door to the apartment.
Malcolm denied both suggestions, insisting that "no such thing" occurred.
The case is scheduled to resume on December 2.