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

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consisting of two and a half pages each signed by meis true to the best of my knowledge and belief and Imake it knowing that if it is tendered in evidence, Ishall be liable to prosecution if I had willfully statedin it, anything to be false or to not believe to be true,…, the seventh of seventh of ‟06 and taken by me theseventh of July, 3:00 a.m.” [Pages 87-90 of thetranscript][5] Detetective Corporal DaCosta recalled that on 6 July 2006, he had recorded astatement which was given by Tamara Cooper and had caused one to be taken fromKirk Miller. After the report was made, he went to the applicant‟s house, spoke to himand took him into custody for questioning. The applicant told him that he was notinvolved in any incident because he was at home all evening with his wife and family.Detective Corporal DaCosta subsequently accompanied both Miller and Cooper to theirhome at 35 ½ Evan Street. He saw impressions in the board house which he said wereconsistent with gunshot marks. He had also seen what appeared to be a gunshotimpression on a drill bit that was in a bucket. Four 9 mm empty casings were found 30feet away from the board house.[6] The applicant was interviewed by Detective Corporal DaCosta on 10 July 2006.He was asked a number of questions in the presence and hearing of his attorney-atlawin order to clarify certain ambiguities that arose in the statement given by TamaraCooper. The officer said that the applicant was called by other names so he was tryingto ascertain what the other names were. The applicant was subsequently arrested andcharged for offences of shooting with intent and illegal possession of firearm. He
cautioned him and he said: “Officer, it could not have been me because I was at homeall evening with my wife and family. A lie dem a tell on me”.[7] Under cross-examination, Detective Corporal DaCosta testified that TamaraCooper had given him a description of two persons who were involved in the incident.He said that the applicant was brought to the station whilst Cooper was there, but noconfrontation had taken place. He told the court that she was concealed from him.[8] Detective Sergeant Michael Norman was also called by the prosecution. Hisevidence was more or less in support of Detective Corporal DaCosta„s visit to thepremises on 6 July 2006. On 8 July 2006, he returned to the premises and saw thebodies of both Miller and Cooper lying on the ground. They had multiple gunshotwounds to their bodies. They were pronounced dead by Dr Bryan at the May PenHospital. He was present at the postmortem examination that was done on the bodiesof Miller and Cooper.[9] Constable Patro Gayle testified that on 7 July 2006, he was at the May PenScenes of Crime Office when he received a telephone call. He proceeded to the CIBOffice and Detective Corporal DaCosta introduced him to the applicant. He wasrequested to take swabs of the applicant‟s hands after he volunteered for this to bedone. Constable Gayle said he washed his hands, put on pair of clean latex gloves andproceeded to swab the webs and palms of both hands. The swabs were placed intransparent plastic bags which were labelled and placed in a refrigerator in the Scenesof Crime Office. On 11 July 2006, he retrieved the swabs, took them to the Government
Page 1 and 2: [2011] JMCA Crim 24JAMAICAIN THE CO
Page 3 and 4: lights. I obtained the light from m
Page 5: from glass, on Thursday the 6th of
Page 9 and 10: the other person. She also agreed t
Page 11 and 12: proceedings, because I see as hesti
Page 13 and 14: not search him. However, the driver
Page 15 and 16: The Grounds of Appeal[24] The singl
Page 17 and 18: stood near to a person who discharg
Page 19 and 20: [33] Mrs Gordon-Harrison further su
Page 21 and 22: Section 31(G), to which section 31(
Page 23 and 24: one and the same person referred to
Page 25 and 26: Miller's statement, were that he wa
Page 27 and 28: I recognised that none of those sta
Page 29: His evidence further indicated that

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

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