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ONE of the men charged with the brutal murder of six-year-old Sean Luke intends to object to the admissibility of DNA (deoxyribonucleic acid) evidence, while the second man will give evidence at the trial.
Wednesday’s sitting of the virtual trial of Akeel Mitchell and Richard Chatoo ended before lunch because of the unavailability of the witness scheduled for the day, police officer Leith Jones. He had to be tested for covid19 after a colleague tested positive for the virus.
Nevertheless, two witnesses, whose testimonies were brief, gave evidence, but it was during trial management discussions that Mitchell’s attorney indicated an objection to the DNA evidence which the State hopes to lead at the trial.
It was also disclosed that Chatoo will testify in his defence after the prosecution closes its case. Election is put to the two men to either testify or call witnesses as they launch their defence.
If successful in its fresh-evidence application, the State intends to call Dr Maurice Aboud, laboratory director at the Forensic Science Services – a private lab authorised to do DNA testing for the State – and scientific officer Camille Grant.
One of Mitchell’s attorneys, Randal Raphael, said they will object to the prosecution’s fresh-evidence application. He will do so in writing by Monday.
Chatoo’s attorney, Evans Welch, said they will raise no objection to the application relating to DNA evidence.
In early February, prosecutors told the Justice Lisa Ramsumair-Hinds, who is presiding over the men’s judge-only trial, that the State had hoped to be able to present DNA evidence in court at the trial, but at the time, the results of the DNA samples collected by the police over a decade ago were still not available.
This changed with the legal notice signed by the Minister of National Security giving approval for CFS to do DNA testing for the State.
In March, fresh DNA samples were taken from Mitchell and Chatoo in prison.
Samples were also taken from Luke during the autopsy by forensic pathologist Dr Eslyn McDonald-Burris.
On Friday, the two main investigators in the case are expected to testify. They have already given evidence at the challenge to evidence (voir dire) process held in February and March and will return for further testimony at the main trial.
Once Jones’ status is known, arrangements will be made for his testimony and another police officer also make up the tail-end of the prosecution’s list of witnesses, after which the State will close its case.
Chatoo’s other attorney, Kelston Pope, said his client will give evidence and there are no other witnesses expected for him. However, his stepfather Raymond Bruzual gave evidence at the voir dire but it was not stated whether his evidence then will be incorporated into the main trial, as has been done with other witnesses so far.
Former police officer Nicole Simon, whose testimony from the voir dire was incorporated into the main trial, returned on Wednesday for cross-examination by the defence.
She took a statement from Mitchell’s mother, served meals to him at the police station, and was part of the team of police who went to Orange Valley, Couva, when Luke’s body was found on March 28, 2006.
She also arranged for DNA samples to be taken from Chatoo.
Mitchell’s mother refused to allow blood samples to be taken from him.
Simon also admitted that Mitchell told his mother he had noticed a strange person in the area with Luke. She said she was aware that children in the area said they saw the boy, or he was last seen, with a man, whose description was given.
PC Lyndon Hosein was on duty at the Couva police station when Luke’s mother, Pauline Lumfai, reported her son missing on March 26, 2006. He wrote a report in the station’s diary and said he did not visit the scene that night since he was not given instructions to do so.
He also said Lumfai said she was going to Luke’s father’s home but Hosein had no information on whether the boy was with his father.
The trial continues on Friday.
Luke’s body was found in a sugar cane field near his home at Orange Valley Road in Couva in March 2006. The six-year-old had been sodomised with a sugar cane stalk that ruptured his intestines and internal organs.
Mitchell is being represented by Mario Merritt, Randall Raphael and Kirby Joseph. Evans Welch, Kelston Pope and Gabriel Hernandez are representing Chatoo.
State attorneys Sabrina Dougdeen-Jaglal, Anju Bhola and Sophia Sandy-Smith are prosecuting.
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