Witness challenged on unphotographed evidence

The crime scene investigator, who doubles as a forensic photographer, said he observed ammunition and other items in the bushes during his assessment of the scene where Keith Clarke was murdered 14 years ago, although he did not get to directly photograph them.

He made the disclosure while being drilled by defence attorney Valerie Neita-Robertson, KC, about “things you saw with your eyes but you were unable to photograph”.

Neita-Robertson is representing accused soldier Greg Tingling, who is on trial with two other colleagues in the matter in the Home Circuit Court in downtown Kingston.

“So you were required to photograph as is, even though the photograph could not show what you saw with your eyes?” Neita-Robertson asked.

“Yes, Ma’am,” he responded.

“You are aware, however, that where things like ammunition end up in a matter is very important?” she asked.

He again answered in the affirmative.

The defence is arguing that the fugitive Christopher ‘Dudus’ Coke was camping out in Clarke’s basement with seven to eight heavily armed cronies on the night of the deadly May 2010 raid that claimed the life of the businessman.

The gunmen are said to have engaged the security forces in a fierce gun battle before escaping.

Clarke’s widow and daughter, who were home with Clarke at the time of incident, have denied that anyone else was at the house that night.

The crime investigator explained that he did not get to directly photograph some areas due to the state of the premises.

“And you’re asking us and the jury to accept that what you say you saw was, in fact, there? And, you’re asking that we do so even though you don’t have any visual proof of it?” Neita-Robertson asked.

“Yes, Ma’am,” he replied.

The witness then said that the beer bottles seen in photographs of a table that night, which the defence suggested showed there was a gathering, were swabbed for fingerprints, but this was not in his statement.

The forensic photographer said he examined the scene between 1 p.m. and 5:30 p.m. on May 27, 2010 and took photographs. Later, he said that he returned on May 28 and 29, and saved the photographs on three compact discs (CDs). He could not tell the court on Tuesday which photographs he took on which of the days. They were, however, labelled.

Although he did not take a video of the scene, he later acknowledged after being asked that footage was taken by a late detective, but not on his instruction. He said he did not assist with the video direction either.

Neita-Robertson gave him his statements to look over, asking him to help the court to identify the dates, but he said he could not.

“You agree that in performing your functions as a photographer of a scene, you were not as accurate as you should have been?” she questioned.

“No, Madam,” he responded, adding that he was "acting under instructions of the crime scene manager".

“So you photographed what [name redacted] told you to photograph?” the attorney asked.

“Yes, Ma’am. I did,” the investigator responded.

Asked whether there was a reason he had omitted taking photographs on different days in his statement, he said no.

He later revealed that although he took notes at the scene, the notebook was misplaced as relocated in the office numerous times over the last 14 years.

He could not recall how many photographs he took, but said that would have been recorded in the notebook.

“So you are unable to assure me or this court that what we have received here amounts to all the photographs you took?” Neita-Robertson asked.

“No, Ma’am,” he said.

She suggested to him that he took 1,040 photographs and downloaded them on a CD, but he said he could not recall.

Neita-Robertson further suggested that photographs 341 to 1,018 and 1,019 to 1,040 were missing, but the witness said he could not speak to that.

The attorney also challenged his evidence that all windows at the 18 Kirkland Close, St Andrew house were grilled.

“Not all windows at that premises are grilled. You agree or disagree?” she sternly asked, to which he responded, “All the windows that I observed were grilled.”

She asked for the exhibit of another photograph of the master bedroom, where it is said that Clarke used the grille at the window to climb atop his closet before being shot repeatedly.

The scene of crime investigator insisted that the window was grilled.

ainsworth.morris@gleanerjm.com