Lawyers clash in stabbing case
had been charged with the attempted murder of Pembroke school teacher Dafyde Herman Smith.
Crown counsel Brian Calhoun claimed lawyer Julian Hall, representing accused man David Dill, was "shooting the messenger'' for his cross-examinations of investigating officers and witness Leslie Wade.
But Mr. Hall said Mr. Wade -- who turned in a knife said to have been used in the stabbing of Mr. Smith -- should have been in the stand with Dill.
Mr. Smith was attacked in his Second Avenue, Pembroke home during the early hours of April 15.
Dill, 31, of no fixed abode, has denied attempting to murder Mr. Smith.
He has also pleaded not guilty to assault with intent to rob, burglary, unlawful wounding with intent to do grievous bodily harm, unlawful wounding, stealing in a dwelling house with intent to cause bodily fear, and stealing a cycle AE735 owned by Police prosecutor Sgt. Philip Taylor.
Yesterday, Dill denied the charge of stealing the cycle, believed to be used as the getaway vehicle. However, he pleaded guilty to an alternative charge of receiving it.
Dill's fate is expected to be decided by the 11-woman, one-man jury today.
Yesterday, the jury heard closing arguments of both the defence and the prosecution.
In summing up, Mr. Calhoun said: "The ultimate issue in this case is one of identity.'' He said prosecution witnesses had given evidence that suggested that Dill was guilty of each of the charges he faced.
He also criticised Mr. Hall for "shooting the messenger'' tactics in his cross-examination of Det. Sgt. Graham Ward and Dill's friend and Mr. Smith's former neighbour, Leslie Wade. He called for the jurors "to draw from reasonable inferences'' when they deliberate.
Mr. Calhoun argued that Mr. Wade's height and build did not match the victim's testimony, whereas Dill's height and build were identified by Mr. Smith and his wife Julia Lopez Fernandez.
He also pointed out that no fingerprints nor DNA evidence connecting Mr. Wade to the stolen cycle was found, whereas Dill's fingerprints and DNA were found on the bike.
Dill was also seen on the stolen cycle by Det. Con. Peter Brentano, he added.
But Mr. Hall said there was so much evidence revealed during the trial which implicated Mr. Wade -- but nothing that connected Dill to the crime.
He said the Crown had relied upon a story given to them by Mr. Wade as their case against Dill.
And he accused Police officers of "disgusting and dastardly'' behaviour, saying they took cigarette butts and a cup Dill had used to gather DNA evidence which he had refused to volunteer.
Mr. Hall said he deplored their actions, especially when the only DNA evidence from Dill came from the handlebar of a stolen motorcycle.
"If you had DNA from the scene you had evidence. What you do have is a narrative of a crook...'' he said.
"There is little or no credible evidence that supports the contention that David Dill was the intruder. Leslie Wade's evidence is not credible. He must be regarded as a suspect.
"There is more evidence against Leslie Wade than there is against David Dill.
Why isn't he in the box with David Dill? Why wasn't he charged?'' Mr. Hall added that the Police were relying upon Mr. Wade's evidence, in particular when he called officers and said he had the knife -- after which Dill was alleged to have threatened his life -- which Mr. Hall said did not happen.
"There was no positive description, no DNA, fingerprints, footprints -- nothing connecting David Dill to the case, no evidence except the words of self-serving Leslie Wade,'' he said.
Disgusted: Defence lawyer Julian Hall Inferences: Brian Calhoun COURTS CTS
