ODPP gets first-ever video link evidence ruling
The Office of the Director of Public Prosecutions (ODPP) won a historic judgement in the St James Parish Court this month when the judge ruled that the Crown’s main witness in a money-laundering case could give evidence via video link.
Deputy Director of Public Prosecutions Andrea Martin-Swaby confirmed to the Jamaica Observer that Parish Judge Natalie Hart-Hines made the ruling after hearing the application from July 1 to 21.
“This was the first video link application under the new legislation,” said Martin-Swaby, who, along with Crown Counsel Orrett Brown, led the prosecution’s case.
The legislation, titled the Evidence Special Measures Act, was passed in December 2015 and allows for witnesses who are not present in the jurisdiction to give evidence via video/live link.
In this case, the prosecution’s main witness is serving a 27-year sentence in the United States. Martin-Swaby told the Sunday Observer that the Major Organised Crime and Anti-Corruption Task Force procured a statement from the witness in the case against Robert Dunbar, Louis Smith, Delroy Gayle, and Melford Daley.
The Crown, she said, had argued that bringing the witness to the jurisdiction would create logistical difficulties and be a cost to the Government. The Crown also led evidence of security concerns.
“The trial of the matter is expected to commence in February 2017, where it is expected that the video link evidence will be taken,” Martin-Swaby said.
The defendants are being represented by attorneys Oswest Senior-Smith, Martin Thomas, Hugh Wildman, and Tom Tavares-Finson.