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Magistrate accuses prosecutor of attempting to manipulate the evidence in Maryann Daby trial
It appears that Detective Superintendent of Police, Gary McAllister, has yet again brought conflicting evidence to the court in relation to businesswoman Maryann Daby. Daby is accused of being in possession of an unlicensed firearm and ammunition.
Maryann Daby
The 26-year-old defendant of Lot 127 D’Aguiar Park, Houston, Georgetown, had pleaded not guilty to the two charges, which stated that she had an unlicensed pistol and six live rounds on May 13, 2019, at Albert Street, Thomas Lands, Georgetown, while she was not the holder of a firearm licence enforced at the time.
She was also charged for attempting to shoot a police constable to the head on the same day and at the same location as the aforementioned charge. That matter stemmed from the situation in which Daby was found with the firearm and ammunition; however, it has since been dismissed against her.
Her case is being conducted in the Georgetown Magistrates’ Courts by Senior Magistrate Leron Daly. Attorney-at-law Mark Waldron is representing the defendant while Police Prosecutor Richard Harris is representing the state in the matter.
Yesterday as Detective Superintendent McAllister was giving his testimony, he told the court of an evidence bag containing a firearm and ammunition reportedly found on Daby.
He testified that the evidence bag was marked and lodged in the presence of Daby. He indicated that it remained lodged until he brought the evidence bag to the court yesterday. When the time came for the witness to identify the evidence bag and tender it to form part of the prosecution’s case, attorney Waldron objected to this being done.
The attorney claimed that during the Preliminary Inquiry (PI) against Daby, the prosecution had attempted to tender this very evidence bag; however, it was refused based of the conflicting evidence McAllister had presented to the court.
Based on this, the lawyer said the witness did not mention those movements to and from the court during his testimony yesterday.
He added that during his examination of the bag, he found several staples on the evidence bag and something like a label extending from inside of the bag. He alleged that this indicates that the bag was tampered with and therefore it should not be tendered.
Prosecutor Harris then began to hold out that the bag was not tampered with. He went on to say that this is a new trial and the witness does not have to say the same things which were said in the PI.
This clearly made the magistrate angry. “I am upset and it is disappointing. What I am hearing from the prosecution desk is disappointing. You should tender whatever evidence you have and not attempt to manipulate the evidence.”
Furthermore, in an attempt to prove that the evidence bag was not tampered with, the prosecutor called his final witness who is a firearm and ammunition analyst.
Constable Kevin Thomas took the witness stand and told the court of his part in examining the alleged weapon. He told the court that to gain access to the evidence bag, he cut the bottom so that the seal remains unbroken.
Once more, this angered the magistrate and before the prosecutor could take an opportunity to correct what was said the magistrate said, “I am writing just that. The witness said ‘to gain access to the evidence bag, I cut the bottom so that the seal remains unbroken.’”
The matter was then adjourned to November 15, where Prosecutor Harris is expected to make submissions as to why the evidence bag in question should be tendered.
Daby is currently out on $750,000 High Court bail pending the hearing and determination of her matters before the court.
According to reports, on the day in question, Daby and her friends were at the Georgetown Motor Racing and Sports Club. Constable Kissoon, who was off-duty and was at the Club at the time, reportedly heard what appeared to be gunshots.
While checking for the source of the gunfire, he reportedly saw Daby firing rounds into the air. He said that he confronted her. Daby then allegedly pointed a firearm to the officer’s head and pulled the trigger.
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