‘No such phone before the trial started’

John Jacobs, one of five attorneys representing murder accused Everton ‘Beachy Stout’ McDonald, took the investigator to task over his statements and a cellphone during cross-examination on Monday.

McDonald is charged with Oscar Barnes for the murder of the former’s second wife, Tonia.

Jacobs noted that the lead investigator wrote three statements – the latest after the trial had started.

He also pointed out that the cell phone that the Crown is relying on and its extracts came into play after the trial began. The cell phone in question is believed to be the device Denvalyn ‘Bubbla’ Minott, a Crown witness now serving 19 years for Tonia’s murder, said he used to secretly record the businessman.

Minott said that McDonald offered him $3 million to kill his wife. However, he subcontracted the hit to Barnes.

“You agree with me that you submitted three statements? And two of those statements were prepared before the trial start? And the other one was prepared since the trial start?” Jacobs asked the detective sergeant.

“Yes, sir. Correct! Correct!” the lead investigator replied.

Jacobs then said he made no mention of a Samsung A31 cellular phone and the cop agreed.

“And you made no mention of an SD card in any of those statements?” Jacobs quizzed.

“That’s true,” the cop said.

“When preparing the statements, the first two that is, did you use your notebook to assist you?” the attorney continued.

The witness answered in the affirmative, indicating also that his notes were consulted when preparing the third statement after the start of the trial.

“So the information about the phone not being in those two statements before the trial started, was it intentionally done or by accident?” Jacobs asked.

“It was intentionally done,” replied the senior cop, also answering that he considered it important, which is why he made a note of it.

He explained further that it would take a very long time to list all the information concerning the phone.

“I’m suggesting to you, [the reason] you made no mention of a Samsung A31 in your statement before the trial start was because there was no such phone before the trial started,” Jacobs said.

“That’s not true, sir,” the detective sergeant said.

“As a matter of fact, the phone itself you claim to collect that phone from CFCD after trial start ... . Did you claim to collect that phone after the trial start? Jacobs said, referring to the police’s Communication, Forensics and Cybercrime Division.

“Yes, sir!” the cop admitted.

Jacobs then told the court it was left to believe the investigation regarding the phone itself started after the trial started.

It was also revealed that a forensic examination of a substance taken from a drawer in the office where McDonald was arrested confirmed it to be sulphuric acid.

Sulphuric acid is a corrosive substance capable of causing burns.

The report was tendered into evidence.

A witness previously told the court that McDonald had sent him to purchase “black acid” and had instructed him to burn Tonia with it.

The trial continues today.

andre.williams@gleanerjm.com