Log In

Reset Password
BERMUDA | RSS PODCAST

Lawyer takes aim at Police video line-up procedures

Photo by Mark TatemAhijah Dill, 26, is charged with wounding Miguel Swan with intent to cause grievous bodily harm in a machete attack outside the Leopards Club on January 22, 2012.

Defense lawyer Saul Dismont yesterday challenged the identification of a man charged with a brutal machete attack.While the victim, Miguel Swan, pointed out Ahijah Dill as his attacker in a video line-up, Mr Dismont said the video of his client stood out because of how it was shot.Mr Dill, 27, is charged with wounding Mr Swan with intent to cause grievous bodily harm in a machete attack outside the Leopards Club in JanuaryHe is further charged with possessing a bladed article in an increased penalty zone, but has pleaded not guilty to both offences.Mr Swan testified earlier this week that he was in the parking lot of the club on January 22 when a man he identified as the defendant approached him asking for a cigarette.He refused, “cursing out” the defendant in the process.He alleged that Mr Dill left the area, but returned minutes later wielding a machete.The court heard Mr Swan was struck repeatedly in his right arm and back with the blade before he was able to escape his attacker.Inspector Mark Telemaque took the stand yesterday, showing the jury video recordings of the process surrounding the identification parade in which Mr Swan identified his attacker.In one video, Mr Dill is seen recording a video for the parade and looking on as Insp Telemaque selected other videos to be used. Mr Dill approved the videos in the parade.The second video shown to the jury showed the identification parade itself, while the third was a recording of Mr Swan picking out Mr Dill from the line up.Mr Swan, seen wearing a black sling, told the inspector after watching the parade once that he saw his attacker.Mr Dismont, representing Mr Dill, questioned Insp Telemaque about the identification parade process, with the inspector confirming that all the videos involved should have the subjects in identical positions and conditions.Mr Dismont showed the inspector the identification parade used and asked him if only one image had a shadow, and if one image seemed to be taken with the subject further from the camera.In both cases, the inspector said yes, indicating towards the image of the defendant.Asked if pictures with such inconsistencies should have been removed from the parade, Insp Telemaque said: “If it was something that I observed that stood out significantly, then yes.”Mr Dismont also asked if it was possible Mr Swan might have seen Mr Dill at police headquarters before he identified the defendant.He said that the Mr Dill had recorded his video minutes before Mr Swan watched the parade, and in the same room. Insp Telemaque said it was highly unlikely.The trial is expected to continue on Monday.