‘Confirm alias identity by way of identification parade’
Judge offers murder accused bail, lectures prosecution on identification process
Published:Thursday | June 13, 2024 | 12:09 AMChristopher Thomas/Gleaner Writer
WESTERN BUREAU:
The presiding judge in the case of Lavaughn Cooke, who is charged with the March 17 murder of security guard Nastacia Smith, rebuked the prosecution and the investigating officer on Wednesday, arguing that the defendant, who was reportedly identified by an alias, should have undergone a proper identification parade.
Judge Kaysha Grant-Pryce voiced her position in a no-nonsense manner during Cooke’s latest appearance in the St James Parish Court alongside his 57-year-old father and co-defendant, Wilford Cooke, after being told that the prosecution’s primary witness had identified both men by their alleged aliases rather than their proper names.
The younger Cooke, 21, was denied bail during the duo’s previous court appearance on May 9, while his father was offered bail in the sum of $600,000 with surety.
“Question to you, was Lavaughn Cooke identified by anybody on the file?” Grant-Pryce directly questioned the officer.
“Only by alias,” the officer answered.
“The long-established principle before the court is that if the person is identified by alias, it is best that you put them before an identification parade. Was Lavaughn Cooke put before an identification parade? Was he identified on any parade?” Grant-Pryce demanded.
“No,” the officer admitted.
Grant-Pryce also rejected the prosecution’s argument that no identification parade was held for Lavaughn Cooke as he had reportedly left the Flower Hill community in St James, where the murder took place, shortly after the incident.
“There is a long-established case law that when somebody is identified by alias – ‘Lizard’, ‘Mouth’, or ‘Oney’ – you have to confirm his identity by way of an identification parade to test it. At this time, the prosecution’s case is weak,” Grant-Pryce said.
‘Bail is simple’
Meanwhile, the two men’s attorney, Henry McCurdy, argued that the younger Cooke was nowhere in the area at the time of the incident, and that he had surrendered himself to the police after being told that he was a person of interest.
“When he was told the police were looking for him, he surrendered to the police; I took him to the police station. The day of the shooting, Mr Cooke, Jr, was in Westmoreland, and we have witnesses who can say he was in Westmoreland,” McCurdy told Grant-Pryce.
“At this point, bail is simple, as he is charged for a serious offence, but a serious offence alone cannot keep him behind bars. Is he a flight risk? Is he a risk to himself or others? Does he have other matters before the court? Is he a repeat offender? Did he commit this offence while he was on bail?” Grant-Pryce asked in rapid succession.
“No,” McCurdy said directly, repeating the response for each question from the judge.
The court was also told that the prosecution’s case-file is currently incomplete, as several documents to include the post-mortem report, the ballistic report, and the first responder’s report are all outstanding.
Grant-Pryce subsequently offered bail to Lavaughn Cooke in the sum of $500,000 with two sureties, and ordered him to report to the police five days a week.
As part of his bail conditions, he was ordered to surrender his travel documents and to stay away from the Flower Hill community and from all witnesses in the matter. A stop-order is also to be placed at all ports in relation to him.
The matter has been set for mention on July 24, with Wilford Cooke’s bail being extended to that date.
The Cookes are charged with murder and wounding with intent arising from the March 17 incident, which according to reports took place in Flower Hill, St James, and resulted in Smith being killed and a witness being injured.
According to the allegations, on March 17 at 3:30 p.m., Smith and a female relative were inside their house with other family members when two armed men entered the yard and opened gunfire at them through a bedroom window before fleeing.
The police were summoned, and on their arrival, Smith was seen with a gunshot wound to her chest. The two women were taken to hospital where Smith was pronounced dead and the other woman was treated and released.
Following investigations, Wilford and Lavaughn Cooke were arrested and subsequently charged.