Blagrove (Oliver) v R.pdf - The Court of Appeal

The Grounds of Appeal[24] The single judge had refused the applicant‟s application seeking leave to appealso he has renewed this application to the court. The original grounds of appeal wereabandoned and leave was granted to argue four supplemental grounds, which read:The Submissions“1. The evidence of the Government Analyst was flawedas the prosecution had failed to establish a nexusbetween the evidence of the swabbing done byConstable Patroy Gayle and the evidence of MarciaDunbar (the Analyst) as the Constable gave noevidence of any marks of identity of the evidencewhich he gathered nor was this evidence tendered.2. The prosecution had failed to establish the death ofthe two witnesses to the required proof, whosestatements were tendered under Section 31D(a) ofthe Evidence Act; notwithstanding the concession ofCounsel who appeared for the Appellant that he knewthe witnesses were dead.3. The evidence in the Statements of the deceasedwitnesses was conflicting as to the circumstances ofthe shooting incident and was insufficient to establisha conviction for the offence of shooting with intentand in any event the evidence of the identification didnot meet with the standard approach which wasnecessary for such evidence to be considered.4. That the Learned Trial Judge should have upheld thesubmission of 'no case to answer' made by theDefence at the end of the case for the prosecution, asup to that point there was insufficient evidence thatthe Appellant was the person named in the statementof the witnesses as the person who fired the shots.”[25] Mr DeLisser, for the applicant, contended that the evidence of the GovernmentAnalyst was flawed because the prosecution had failed to establish a nexus between