MCMILLEN TRIAL SHOWS UP INEFFICIENCIES AT HM PRISON
As the McMillen trial enters its third week, it's still anyone's guess when the fate of the four Americans charged with the murder will be known.
Testimony continued in the High Court here as the case got
underway April 2nd before presiding judge Justice Kenneth Benjamin
and a nine-member jury. They has so far heard from a number of
witnesses, including police officers investigating the incident,
forensic experts and pathologists.
The other witnesses called since last Wednesday were Acting Sergeant
Adrian Kartick, who took the statement of one of the accused,
Evan George and Forensics Officer with the Royal Virgin Islands
Police Force Sergeant Julian Harley and Dr. Francisco Landron,
Pathologist, of Puerto Rico, who completed their testimony.
Sergeant Harley was responsible for personally securing the exhibits
and taking what he considered of "evidential value"
overseas for testing.
Defense attorneys continued to grill Dr. Landron about the results
of his post mortem of the victim, 34 year old Connecticut artist
Lois Livingstone McMillen, whose body was found washed ashore
Drake's Highway in West End January 15th last year.
The four Americans charged are William Labrador, Alexander Benedetto,
Evan George and Michael Spicer. Spicer's family has had a vacation
home here since 1978.
The four Americans were remanded to custody after a preliminary
inquiry in the Magistrate's Court determined there was a prima
facie case to go to trial.
On Friday, the case in the High Court had to be aborted early
in the afternoon because of a power outage. Justice Benjamin
decided that the "state of affairs" was uncomfortable
and that the jury would not be able to concentrate, defeating
the purpose of them being there.
Before Dr. Landron was able to complete his testimony on Monday,
the entire morning was taken up hearing an objection to an application
by the prosecution for the admission of fresh evidence. For this,
the jury was asked to leave the courtroom.
Attorney for Benedetto, Paul Dennis, objected to the admission
into evidence of a letter from Louis Reveiz, Assistant Director
of Kroll Associates, an international private investigation and
security consulting firm based in Miami. Reveiz allegedly overhead
a conversation at Her Majesty's Prison between Benedetto and
his attorney.
Prosecutor Mr. Theodore Guerra Q.C. contended that there was
incriminating evidence in the letter, while Mr. Dennis argued
that this was privileged communication between a lawyer and his
client. He said, the evidence intended to be laid is such that
its prejudicial effect clearly and manifestly outweighs its probative
value.
Mr. Richard Hector Q.C., attorney for Labrador, also objected
to the admissibility of this evidence. In addition, he cited
speculation and a compromise of the Attorney's Code of Professional
Conduct. He said its prejudicial effect was likely to confuse
the jury.
The prosecutor argued that admissibility is dependent on the
relevancy of the document and discounted suggestions that the
method by which it was obtained, through eavesdropping, made
the evidence in-admissive.
Justice Benjamin agreed with the defense that this fresh evidence
is inadmissible. He further said it was appalling that no such
facility exists at Her Majest's Prison where a lawyer and his
client (a prisoner) could have a private meeting. Whoever is
in charge should ensure this goes into place sooner rather than
later, where they can be overseen but not overheard, he challenged.
In giving his ruling, he concluded: the court has to exercise
discretion from the point of view of fairness I also need to
consider that paragraph 4 is so vague that it gives rise to speculation
as to who is being referred to so, I would have to disallow any
additional evidence and the application by the Crown is refused.
On Tuesday, the court heard evidence from Michael Appleby, a
Forensic Scientist from Britain. Wednesday and Thursday only
allowed for half-day sessions. The trial resumes on Tuesday April
17th.
Commenting on the trial, Chief Minister and Minister of Tourism
the Honourable Ralph T. O'Neal said the government is duty bound
to ensure that all visitors to these islands are justly treated.
Responding to an Inside Edition television report labeling the
BVI as an "Island of Fear", he said "why should
here be an island of fear= when you go to New York where they're
killing people almost every 5 minutes. He said this war has been
going on ever since the arrests were made, but he does not think
this propaganda will scare people from coming to the BVI.
The Chief Minister said the territory would continue to advertise
and promote the destination as a tranquil, safe, peace and stable
vacation spot and also a place where justice will be done and
is a country that stands for law and order. He noted that the
adverse publicity received because of the McMillen murder trial
did not serve to prevent more people than last year coming to
the BVI Spring Regatta.
[World News][What's New & Commentaries]
[BVI History, Attractions & Features] [Your Spot in the Sun]
[Legal][Contact Us][HOME]