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Jury hears of missing tapes

Det. Insp. Calvin Smith shows fake weapons confiscated by Police in this Royal Gazette file photo.

The jury in the Aaron Easton murder trial heard about missing tapes and the original hand written statement from the interrogation of the accused Stanford Archibald.

The six-woman, six-man jury in the Supreme Court also heard that when Archibald had given that statement he was not offered the benefit of legal counsel and was interrogated rather than interviewed.

The court heard evidence from Chief Insp. Anthony Mouchette and Det. Supt. Randolph Liverpool, who were involved in the case from the start and Det. Insp. Calvin Smith, who was instrumental in reopening the case in 1996.

Det. Insp. Smith also told the jury that he was present when blood was taken from, the now deceased, Albert (Poochy) Smith - one of the suspects - and that he saw pathologist Dr. Keith Cunningham write his name and date of birth on the vial. But when questioned by defence counsel Mark Pettingill whether Albert Smith had given his name and wrong date of birth to the doctor, he said he was not sure and did not hear everything.

The jury has heard on numerous occasions that the date of birth on the Albert Smith vial of blood was wrong by ten years.

Archibald, 39, formerly of Somerset, has denied killing 19-year-old Mr. Easton in a brutal murder 18 years ago.

Mr. Easton's body was found in a pool of blood in a driveway off Laffan Street in Pembroke, in the early hours of May 4, 1985.

He had sustained 49 stab wounds and a fractured skull.

Archibald was arrested on October 15, 2001 and accused of the murder when he returned to the Island on vacation after living in Scotland with his wife and two children.

Throughout the trial Mr. Pettingill has questioned whether blood samples, which the prosecution has claimed belonged to the accused, actually did come from Archibald.

And Mr. Pettingill has also suggested that some evidence was tampered with before it was tested for DNA.

Acting Director of Public Prosecutions Kulandra Ratneser told the jury at the start of the trial that the case was based on DNA and circumstantial evidence.

Yesterday the Crown closed its case against Archibald.

Chief Insp. Mouchette said that he, former assistant Commissioner of Police Wayne Perinchief and Det. Supt. Randolph Liverpool after receiving new evidence in November 1996 interviewed Archibald and interviewed him on February 11, 1987.

Chief Insp. Mouchette said that the trio made arrangements to have Archibald bought from Casemates Prison to be interviewed at the Somerset Police station's CID.

He said Archibald was cautioned and was initially interviewed by Mr. Perinchief and after having a break he and Mr. Liverpool continued the interview.

Mr. Pettingill questioned the method that was used and also asked whether Archibald knew that the interview was being taped.

Mr. Mouchette said he had never done an interview like that before. He added that Archibald was not aware that he was being taped. When Mr. Pettingill asked the Chief Insp. Mouchette if he knew the whereabouts of the tape, he said he had handed the tape into Mr. Perinchief, but no one has been able to find it since then.

Within the interview Archibald had told the officers that he had been out from around 8 p.m. on the night of the murder and said when he returned home the news was on.

Det. Supt. Liverpool asked that if the news was on when he arrived home, then it had to be around midnight and not 11.30 p.m.

Mr. Mouchette and Mr. Liverpool both said they asked Archibald if he had killed Aaron (Fish) Easton or was involved in some way and he said no. Archibald also said he had found out about the murder on the news on May 4. Det. Supt. Liverpool said that in the middle and towards the end of the interview Archibald was clearly shaking and shivering after they had mentioned that, prosecution witness, Toby Dill had told them that he had given Archibald a lift to Laffan Street on the evening before the murder.

Referring to the statement, which was typed up from the missing tapes, Mr. Pettingill asked: “Did he say strong verbals?

No said the Mr. Liverpool.

Mr. Pettingill said: “I think the strong verbals was him telling you to f*** off, because you were trying to set him up for something else.”

Det. Insp. Smith said that he was involved in the case since it was reopened in 1996 and was instrumental in taking suspects to have their blood taken at the hospital.

He said he saw Dr. Cunningham write the name and date of birth on the vials after he had taken the blood of two suspects, Raymond Troy (Yankee Boy) Rawlins and Albert (Poochy) Smith and said he was not present when Archibald's blood was taken.

Mr. Pettingill asked Det. Insp. Smith which statement he had gotten his notes from when he signed a sworn affidavit which stated that Archibald's blood was handed into former Government analyst Dr. Kevin Leask on August 15, 1996.

Det. Insp. Smith said it must have been a typo.

“But you swore that it was the truth,” said Mr. Pettingill.

Dr. Leask had said he received the vials on August 14.

The case continues today before Puisne Judge Norma Wade-Miller. Lawyer Larry Mussenden is assisting Mr. Pettingill and Crown counsel Cindy Clarke and Juan Wolffe are assisting the acting DPP.