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THURSDAY,
JULY 31, 2014
VOLUME 108, No.31
www.thevincentian.com
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Investigations launched into a VINCENTIAN report High Court Judge Rajiv Persad will be recorded as giving the first ruling in an application under the Witness (Special Measures) Act 2013.
Attorney Kay Bacchus Browne contended that there was no good reason for the witnesses to be allowed to give evidence by video link.
court was an affidavit from a member of the DPP’s legal team, but no direct evidence from the witnesses to say they are fearful for their lives. He pointed out that there was nothing in the affidavit to say that this particular murder case was different from any other, other than the fact that the witnesses were out of this jurisdiction. He added that there was no material before the court to say that the witnesses were threatened, that anyone has done anything to them, or that there was a change in the
THE HIGH COMMAND of the RSVG Police Force has launched an investigation into a report published on the frontpage of THE VINCENTIAN newspaper of last Friday, July 25. The report cited a Paul’s Avenue resident, Shanique Sam, as claiming Acting Commissioner of that the police Police Reynold Hadaway ordered her 78confirmed that an year-old grandmother, Beryl investigation is being conducted to establish the Sam, to strip and veracity of the report. squat during a search of their Below: Beryl Sam was Paul’s Avenue home, on suspicion reported as being subjected to a strip-search by the of guns, police. ammunition and illegal drugs, last week Tuesday, July 22. The Criminal Investigation Department (CID) is probing into the report. Acting Commissioner of Police Reynold Hadaway told THE VINCENTIAN on Monday, that the investigations are being conducted to determine the veracity of the information published in the newspaper. He assured that measures have been taken to ensure that the investigations are being conducted in a very expeditious manner, and disclosed that he has personally asked for reports on the conduct of the execution of the police operation. Those reports are yet to be submitted. The Acting Commissioner said that the Police High Command cannot condone such actions, as reported in the newspaper, if it actually occurred. He explained that the High Command has always requested of police conducting any operation, to conduct themselves in a professional manner and with utmost regard for human decency and dignity. He noted that most of the police officers who conduct these operations are seasoned officers, and there is always a senior officer in charge of the operation.
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Colin John, Assistant DPP, represented the State in this historic hearing.
Sheldon Bain, one of the accused in the matter in which evidence by video link was refused.
The two are listed to be retried for the murder of taxi operator Peter HIGH COURT JUDGE RAJIV Joseph of Lodge Village, PERSAD on Monday whose bullet-riddled refused an application body was discovered in a made by Assistant Director sheep pen at Cane Hall, of Public Prosecutions, November 30, 2004, a Colin John, on behalf of short distance from his the DPP’s office, for live vehicle. video link evidence to be The DPP’s office had given at a murder retrial. applied for the witnesses, The application, filed who reside abroad, to June 17 this year, was give evidence and be the first of its kind to be cross-examined by live made under the Witness video link, as they are (Special Measures) Act fearful for their lives. 2013. It was made in Bain’s attorney, Kay relation to Melissa Lee Bacchus-Browne, and and Ronella Clark, the Jomo Thomas, main witnesses in the representing Woodley, murder case involving resisted the application. Webster Woodley of Villa Bacchus-Browne and Grenadian national submitted that the Act Sheldon ‘Dutch’ Bain. was not meant to replace Stories by HAYDN HUGGINS
the need for witnesses to appear personally in court; that there must be cogent reasons to allow them to give evidence by video link; and in order to make them eligible, there must be cogent evidence to show that they are fearful. She pointed out that the Act says there must be material change of circumstances to make them eligible. She noted that since the witnesses gave evidence at the first trial, nothing has changed in the circumstances. In handing down the decision at the Criminal Assizes on Monday, Justice Persad contended that what was before the