By Racquel Porter
Chief Justice Bryan Sykes on Monday questioned whether the evidence of one of the former gangsters in the One Don Gang trial meets the legal requirement in terms of identification about two counts on the indictment.
Justice Sykes, who is in week two of his summation of the evidence, questioned the ability of the witness to identify the defendants who he testified were involved in the September 2017 murder and arson attack involving Cedella Waulder and Jermaine Bryan.
The judge, while highlighting that the witness made no mention of any light, said the legal requirements for identification might not have been satisfied.
The couple was murdered in New Nursery when reputed leader Andre 'Blackman' Bryan reportedly marshalled a team of gangsters to the community in search of Bobo Spark, the alleged top shooter in a rival faction of the gang.
Earlier in the trial, the witness named the defendants who were present at a meeting in Jones Avenue, before the attack.
Following the meeting, the witness said Blackman instructed him to look out for police.
In examining the evidence, Justice Sykes said the witness did not indicate how he saw the defendants.
He said the testimony in court failed to address the question of lighting, distance, or whether anything was impeding his vision at the time.
Justice Sykes said those are critical questions, answers to which must be found in the evidence.
He pointed out that neither by inference nor directly did the former gangster's evidence state the period he had the defendants under observation.
After hearing the judge's query, the prosecution pointed to the evidence of a police officer who had taken photographs of light bulbs that could possibly assist.
But Justice Sykes countered that the photograph was taken after the incident and there was no evidence to suggest when the bulb was turned on.
The judge's summation is expected to continue on Tuesday in the Home Circuit Court.
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