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THREE more witnesses are expected to testify for the State in the judge-only trial of the two men indicted for the murder of six-year-old Sean Luke, after which prosecutors are expected to close their case.
At a brief trial management session on Wednesday, it was agreed that the evidence of eight prosecution witnesses – mainly police officers and a justice of the peace who witnessed an interview of one of the accused men – which was led at an earlier pre-trial session of the trial will be incorporated into the main trial.
The eight had given evidence at the pre-trial stage (voir dire) when the defence challenged evidence the State had intended to lead at the men’s main trial.
When the trial resumes next week Wednesday, three police officers who were part of the police’s investigations into the boy’s murder will be cross-examined by the defence.
They, too, had given evidence at the voir dire but are required to be brought back for further questioning by the defence.
They are officers Rodney Mohammed, Azim Hamid and retired Sgt Alexis Garcia, who questioned Richard Chatoo at the homicide division offices in San Fernando in 2006.
Chatoo and his co-accused Akeel Mitchell are before Justice Lisa Ramsumair-Hinds charged with Luke’s murder on a date unknown, between March 25 and 29, 2006, in Couva.
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.
Returning on Wednesday to complete his testimony was Dr Maurice Aboud, laboratory director at the Caribbean Forensic Services – a private lab that has received permission to perform DNA tests for the State.
In previous testimony, Aboud said based on the tests he did on several exhibits provided by the police to the lab, Mitchell’s DNA profile was found on the underwear the six-year-old was wearing when he was murdered, while there was an unknown profile which could not be matched to either accused or Luke.
Aboud also testified that Chatoo was not linked to the mixed sample.
On Wednesday, Aboud was questioned briefly by Mitchell’s attorney Randall Raphael on the steps of the DNA testing he did.
He was also questioned about his fees, but Aboud said he could not recall the quotation he sent to the State for the work done.
He also admitted he had not yet been paid.
“There was a quotation sent out based on work to be performed. The initial request was for a smaller number of exhibits. I cannot recall the exact quotation,” Aboud said, adding that additional samples will attract additional fees.
“I can’t say what the total cost would be to the State,” he said, also admitting, “I do not know if I would be paid for the additional samples.
As to provide an approximate base fee for one item tested, Aboud said it would be $3,000.
According to a list he provided to the court, he was given 15 items to test, although he did not test all.
In cross examination by Chatoo’s attorney, whose questioning was interrupted briefly by a passing loudspeaker announcing the now famous refrain: “Buying scrap iron old battery buying,” Aboud agreed that a minimum of three people deposited their DNA on Luke’s underpants: Luke, Mitchell and an unknown.
Aboud also confirmed that of the DNA profiles found and identified, none came from Chatoo.
He was also questioned about tests he did on a piece of the cane stalk removed from Luke’s body, admitting that he was made aware that the cane stalk had been inserted into Luke’s anal cavity.
“I didn’t know it was removed from the child’s body, just that it was used in the commission of the eventual crime.”
He admitted Chatoo’s DNA was not found on the cane stalk, adding that ordinarily a scientist would not find foreign DNA on an object inserted in someone, except from someone who would have touched the item.
Aboud agreed that Luke’s and Mitchell’s DNA profiles were found on the piece of cane stalk, but not Chatoo’s.
He also said he could not say if he DNA came from sperm or epithelial cells. Epithelial cells are cells that come from surfaces of a body, such as skin, blood vessels, urinary tract, or organs.
“I just it is DNA,” Aboud said.
He also said partial DNA was found on the penal swab taken from Luke’s body during the autopsy that were not the boy’s.
“The DNA profile found on penal swab was contributed by someone other than Sean Luke, Akeel Mitchell or Richard Chatoo.”
In his evidence-in-chief last week, Aboud said he performed specific tests on spermatozoa that was found in semen on the underwear and linked it directly to Mitchell.
Aboud also testified that he performed tests on swabs taken from Luke’s penis, anus and fingernails during his autopsy but no viable DNA for comparison was obtained.
DNA tests on samples from the cane stalk that Luke was sodomised with and caused his death, were also inconclusive.
His evidence was allowed by the judge who overruled two objections by Mitchell’s attorneys to the State being allowed to lead the DNA evidence.
Ramsumair-Hinds had rejected an application by Mitchell to stay the case against him because the State sought to bring the contentious evidence at a late stage of the trial, while another objection was also overruled by the judge who said she was prepared to give the defence a long adjournment to consider their strategy for challenging Aboud’s testimony in cross-examination.
Instead, Mitchell’s attorneys agreed to a few days and the prosecution received the green light to present Aboud’s testimony on the DNA.
It is Mitchell's defence that he was not present when the boy was killed and has provided an alibi for his whereabouts, saying he was at Chatoo's home.
Chatoo, who is expected to testify in his defence, has maintained the allegations against him are fabricated and that statements police took from him were adduced as a result of oppression, trickery, force and inducement.
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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