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

his right hand. He pointed it in the direction of his house. Heheard two more explosions. He pointed it in the air and firedseveral shots.” (page 84 of the transcript)However counsel pointed out that when one examines the statement of Cooper she hadstated:That she looked through the window she saw Screechy firedthree shots in their house. She was lying on the floor. Sheheard several shots.[39] Mr Delisser also made reference to the evidence of Constable Gayle in relationto what he had observed when he had visited the scene. It was pointed out by counselthat this witness said, "I saw a hole to the front section of the dwelling … I went insideand at the front section inside I saw a bucket … that bucket was exactly behind thehole that I circled before" (page 46 of the transcript). Counsel therefore argued that themost likely conclusion to be drawn was that one shot was fired at the house and thatthis shot hit the drill in a bucket. This alone he said, was insufficient to ground theoffence of shooting with intent at Kirk Miller and Tamara Cooper. We must say that wecannot agree with these submissions. The submissions by Mrs Gordon-Harrison areunassailable and ground 3 also fails.[40] Ground 4 is without a doubt the most crucial ground for consideration. It wascontended by Mr DeLisser that the learned judge ought to have upheld the no casesubmission because there was insufficient evidence in the statements of Miller andCooper implicating the applicant as the person who had fired the shots. It was arguedthat the prosecution had not satisfactorily proved that the applicant Oliver Blagrove was