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Judge admits accused statements after voir dire
… Rosignol Murder trial
Justice Winston Patterson, sitting in the Berbice High Court on Friday, ruled that the oral and cautionary statements given by murder accused, Justin Bailey, are admissible.
This was after three days of a trial within a trial (voir dire). The voir dire was ordered after attorney at law Michael Baird, representing Bailey, had objected to the statements that were about to be tendered by Detective Assistant Superintendent of Police, Terrace Paul, during his evidence.
Murder accused Justin Bailey called ‘Jessey’.
Bailey called ‘Jessy’, 35, formerly of Linden, and of Rosignol, West Bank Berbice, on trial before Justice Patterson and a mixed jury for the murder of Hilda Nicholson, called Hilda Nedd, who was stabbed to death on October 18, 2006 at her cousin’s home at Rosignol.
After three days of testimony conducted in the absence of the jury and which saw evidence being given by Superintendent Paul, Sergeant Shurland Semple and Constable Smith Jack, Justice Patterson ruled that the statements were given freely and voluntary and thus he admitted the statements.
The state’s case, which is being presented by Prosecutor Dionne Mc Cammon, is that on the day in question, the deceased was at her cousin, Lavern Albert’s home, at 93 Jarvis Street, Rosignol when the accused visited about 15:45 hrs and requested some food which was given to him. He further requested one hundred dollars which was also given to him.
A few hours later, Albert remained on the steps while Nicholson ventured to the outhouse. A few minutes later she was heard calling out that “someone was in the toilet and it looked like Justin.” A little while later Nicholson was heard saying ‘Justin bore me with a knife’.
She collapsed and was rushed to the Fort Wellington Hospital in a taxi. She died.
Giving evidence before were taxi driver Sylvester George, and Detective Mark Fraser who stated that he witnessed the post mortem which was conducted by Dr Vivekanand Brijmohan. The cause of death was given as shock and hemorrhage due to a wound to the heart.
Also testifying were Police Photographer, Sergeant Clifford Burnett, and the main prosecution witness, Lavern Albert, 47, at whose house the woman was killed and who stated that the accused was her fiancée.
The trial is continuing.
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