Myrie v The State of Barbados and The State of Jamaica

CourtCaribbean Court of Justice
Docket NumberCCJ Application No. OA 002 of 2012
JudgeByron, P., Nelson, J., Bernard, J., Wit, J., Hayton, J., Anderson, J.
Judgment Date19 Mar 2013
JurisdictionCaribbean States

Caribbean Court of Justice

Byron, P.CCJ.; Nelson, J.CCJ.; Bernard, J.CCJ.; Wit, J.CCJ.; Hayton, J.CCJ.; J.CCJ.; Anderson, J.CCJ.

CCJ Application No. OA 002 of 2012

Myrie
and
The State of Barbados and The State of Jamaica

Civil practice and procedure - Evidence — Admissibility — Use of statements in cross — examination of witnesses.

having regard to the oral application made on behalf of the claimant on March 18, 2013 for the admission into evidence of statements given to the police by Daniel Forde and Sheka Rowe, the written submissions and authorities of the claimant submitted to the Court via e-mail on March 18, 2013 and the written submissions of the defendant and the Intervener both submitted to the Court via e-mail on March 18, 2013 and the addendum to the written submissions of the claimant submitted to the Court via e-mail on March 19, 2013 and after considering the oral submissions and written observations of:

– the claimant, by Ms Nancy Anderson and Ms Michelle Brown, Attorneys-at-law

on the 19th day of March 2013 delivers the following

RULING
1

During the testimony of witness Sergeant Farrell, he testified that during the course of conducting investigations on behalf of the defendant, he had taken statements from persons including Daniel Forde and Sheka Rowe. Neither Daniel Forde nor Sheka Rowe is on the list of witnesses provided by the defendant. Both of them however, are mentioned with some significance, in the testimony of the claimant and in the proposed testimony of at least one witness on the Defence's list. They seemed to have played an important role in the development of the factual issues surrounding this matter. It would be fair to indicate that the Court does have some concern that they were not called to testify as their testimony could assist the Court in the determination of the facts of the case.

2

The claimant orally applied for the statements to be admitted in evidence. It seemed from the submissions that it was intended that the statements should be treated as evidence of the truth of their contents, but the Court was unsure as to the exact terms of the application. The defendant expressed strenuous objections. The Court ordered that the parties and the Intervener to make submissions in writing.

3

The Court notes as a matter of background information that orders had been made for the parties to disclose to each other and to the Court the statements that had been taken in the investigation of the...

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