Judge blasts investigation into High Court criminal cases

A High Court judge has ripped the quality of criminal investigations for cases being brought before the court.

Justice Carlisle Greaves made clear that “the investigations in this country have got to improve. I look forward to the day when we would stop relying so much on eyewitness testimony and confessions of [the] accused”.

He made the comments as he sentenced Nakimo Kenyatta Skeete, previously of Hindsbury Road, St Michael. Skeete had gone on trial despite giving police a written statement admitting to a charge of assaulting Jerome Collins on January 22, 2013 with intent to rob him.

During a pursuit by an off-duty officer, Skeete discarded a hooded black jacket he was wearing on the night in an attempt to escape detection.

Justice Greaves said the investigation into that case fell short.

“Here it was a jacket described by those who saw the event was found in a can somewhere near the vicinity but some distance off,” said the judge. “You were caught pouring in sweat after you fled the scene in the nighttime and the jacket was retrieved later and nobody did any testing on the jacket, no DNA testing.

“In this modern time we cannot be prosecuting cases based on confessions. . . as evidence alone, because had the jacket been tested I am sure in those circumstances, I feel confident, your DNA would have been found in it and you would have had to explain why your jacket with your DNA was found in a dustbin not far from the scene.”

The judicial officer also made it clear that “the witnesses in this country deserve to be supported by scientific evidence”.

He said: “Too many of these cases are coming to court for whatever reason, whether it is a lack of proper investigation, or a lack of resources given to the investigators or whatever, too many of these cases are coming to court based on confessions that I see.

“Nowadays an investigation should be carried out not only to collect forensic evidence like DNA and so on, but telephone evidence whether it is to satisfy analysis or otherwise. CCTV evidence – proper investigation might be carried out to find that – because an investigation in this case might have shown from CCTV from some other building showing you [Skeete] in the Dover, St Lawrence Gap area that night, dressed as the victim said you were dressed. Had that been done you could not have claimed in any way, if you did, that it wasn’t you and no doubt would be left whatsoever that it was you.

“Simple things like that we don’t see and I am seeing it in every single trial that I have done so far and having come from where I have come, it is a big headache to me cause I am not accustomed to it.”

Justice Greaves also urged employees who are being robbed on the job to be mindful of their wellbeing.

In this case, Collins, the complainant, stated that he received several blows to his chest and scratches on his hands during the tussle and had received treatment. The incident is one Collins also stated in his victim impact statement, submitted to the court, that he would not soon forget.

Justice Greaves said: “This is one of those cases having regard for the outcome for the victim . . . it is wise that those who find themselves about to be robbed particularly of their employers’ assets not to get into any tussle with the robbers and let them go long with the property. It may save their lives because frankly very often the employer might not stand up for you and if you are dead [they] certainly can’t.”

fernellewedderburn@barbadostoday.bb