Drama as lawyer seeks murder trial delay
Chief Justice Richard Ground will decide on Tuesday whether or not to go ahead on January 4 with the murder trial of two men accused of killing twins Jahmal and Jahmil Cooper.
The hearing was called after strident argument from defence lawyer Charles Richardson that prosecutors had not presented with sufficient DNA evidence. And Mr. Richardson ? representing Dennis Alma Robinson and Kenneth Jermaine Burgess ? complained that he and the case?s leading lawyer, England-based John Perry QC would not have enough time to get their own forensic expert for the trial.
Burgess, 33, of Cottage Hill Road, Hamilton Parish, and Robinson, 34, of Palm Valley, Southampton, deny killing the Cooper twins on March 13.
Mr. Richardson?s request for a delay was granted after prosecutors admitted the Director of Public Prosecutions had only received the full DNA related evidence yesterday. Under the rules of legal disclosure, prosecutors are expected to present all of their evidence to defence lawyers as soon as it is practical.
?Does that complete the expert evidence?? Mr. Justice Ground asked, the DPP, Vinette Graham Allen, who looked said ?yes? after getting an affirmative not from senior Crown counsel Paula Tyndale.
?It seems to me the DPP now need to give everything to Mr. Richardson. I will take the matter to a pre-trial and once I?ve seen the evidence, I?ll make a decision, it may be consequential or it may not be,? he said, referring to the evidence. Mr. Richardson also indicated that he might seek an adjournment, saying: ?I don?t see how we can keep the trial date. There?s still a bunch of supplementary DNA evidence pending and we are some 35 days away from trial.?
A robber had a change of heart at yesterday?s Supreme Court arraignments session when he admitted to punching two men and stealing their money.
Jamel Edward Fray, 31, pleaded guilty of robbing $388 from two men on February 22 using personal violence.
Mrs. Graham-Ellen offered no evidence in a count of robbery against a third man. Defence lawyer Elizabeth Christopher asked for a pre-sentencing Bermuda Assessment Referrals Centre (BARC) report.
Fray?s co-accused Rudell Valentino Pitcher, 28 maintained his not guilty plea and was remanded for trial on June 26.
The un-represented man must face justice on January 16, however, when his old lawyer Elizabeth Christopher said he could not read, Legal-aid counsel Shade Subair said she would appeal to the Legal Aid Committee who had already refused him because he is a construction worker.
Jerkeyo David Berkeley, 26 of Alexandra Road, Devonshire appeared late for arraignments for the second month in a row.
Berkley?s mother was warned to make sure her son gets to his June 19 trial on time or she would lose her $5,000 surety. ?For reasons beyond my understanding I extend bail, but this is the last time,? Mr. Justice Ground said.
Berkeley, faces a June 19 trial, for two counts of robbery and entering a dwelling house with the intent to commit a felony on April 15, 2004, escaping lawful custody on June 10 and attempting to pervert the course of justice on June 13.
