R v Ingraham

• Jurisdiction: Bahamas
• Judge: Watkins, J.
• Judgment Date: 01 January 2011
• Date: 01 January 2011
• Court: Supreme Court (Bahamas)
• Docket Number: 53/7 of 2006

Supreme Court

Watkins, J.

53/7 of 2006

R

and

Ingraham

Criminal practice and procedure - Burglary — Rape — Armed robbery — No case submission — Evidence presented with respect to identification of person responsible is tenuous and ought be withdrawn — Jury directed to acquit.

Watkins, J.

1 According to the Information laid before this court defendant Ingraham charged with one count of burglary contrary to s363 of the Penal Code, Ch. 84, one count of Rape contrary to s6(1) of the Sexual Offences and Domestic Violence Act, Ch. 99 and one count of armed robbery contrary to s339(2) of the Penal Code. The offences are alleged to have occurred on between Wednesday, 15th June, 2005 and Thursday, 16th June, 2005.

2 At the close of the case for the prosecution counsel for the defendant submitted to the court that the evidence presented by the prosecution with respect to the identification of the person responsible for committing the alleged offences is tenuous and as such the case ought to be withdrawn from the jury. After reviewing the evidence presented by the prosecution, the submissions made by the counsel and the authorities presented by counsel for both sides I find as follows:–

3 There is sufficient evidence from prosecution witnesses to support all of the basic elements or ingredients of all of the offences outlined in the information before the Court. THE ONLY ISSUE IN DISPUTE IS WHETHER THE DEFENDANT IS THE PERSON WHO ALLEGEDLY ENTERED SAMANTHA ALLEN'S HOME BETWEEN WEDNESDAY, 15TH JUNE AND THURSDAY, 17TH JUNE 2005 AND COMMITTED THE ACTS OF WHICH SHE COMPLAINED.

4 The prosecution seeks to make a connection between the defendant and the alleged perpetrator by means of DNA evidence introduced by Kevin Noppinger. In this regard it is noted that the complainant, Samantha Allen did not identify the defendant as the person who allegedly entered her home during at the mentioned time and commit the alleged offences.

5 There is no evidence from any witnesses to the events described by Ms. Allen.

6 There is evidence from Dr. Phillip Swann that he examined Ms. Allen on the morning of 16th June, 2005. A vaginal examination was performed and swabs were signed off. The doctor said samples were wrapped in individual containers and placed in a box. Dr. Swann said he and DC L. Ferguson signed the samples. The doctor also said that a sexual kit was prepared.

7 Cpl 1212 Lavardo Sherman said that in June of 2005 he went to Doctors Hospital and collected from Dr. Swann, a sexual offence kit bearing the name Samantha Allen. The kit contained inter alia, vaginal, smears and swabs. The items were marked Exhibit LS1. The kit was handed to Cpl 1777 Smith at the forensic lab on 17th June, 2005.

8 Cpl. 77 Smith who is attached to the Forensic Science Lab said she received a sexual assault kit from DC 1212 Sherman on 17th June, 2005. The kit contained inter alia, four vaginal swabs, two oral swabs and a set of vaginal smear slides. She assigned the number FSS-05-001534 to the kit. This number was placed on the box. Cpl Smith said she handed the kit over to lnsp Deleveaux for analysis on 30th June, 2005. In the interim the kit was stored in a cooler in the exhibit room at the lab.

9 lnsp Rochelle Deleveaux testified that on 30th June, 2005 Cpl. Phyllis Smith handed to her one sexual assault evidence collection kit labelled Samantha Allen. The kit contained inter alia, item LS-1E and F which were four vaginal swabs, items LS1G which were two vaginal smear slides, items LS1H which were two oral swabs and item LS-11 which was one oral smear slide. Insp Deleveaux said the kit bore a lab reference number FSS-05-001354. While it is noted that this reference number does not correspond with the reference number assigned by Cpl Phyllis Smith i.e. FSS-05-001534, both witnesses identified the same item while presenting their evidence in Court.

10 lnsp Deleveaux also said that she examined the four vaginal swabs and found seminal material on the four swabs. The witness also conducted a microscopic examination of the vaginal smear slides and they also contained seminal material. As a result of her findings this witness said she prepared one swab LS-1E-1 and LS- 1F-1 as well as a sample of blood from one of the tubes marked LS-1A. These three items were packaged and handed over to Supt Elbert Ferguson on 12th July, 2005 to be forwarded to DNA Lab for analysis.

11 Supt of Police Elbert Wesley Ferguson said that on 12th July, 2005 he received from Sgt. 2341 Deleveaux an envelope containing a blood sample and two vaginal swabs with respect to Samantha Allen. On 13th July, 2005 he handed the items to Kevin Noppinger of DNA Lab.

12 PC 27 Errol Ferguson said that he on 6th September, 2005 accompanied the defendant to the hospital where a doctor drew blood from the defendant, put it in a capsule and sealed it. The officer said he collected two tubes of blood from the Doctor. These two tubes were sealed in a plastic bag. Upon returning to CDU later the same day, PC Ferguson handed the package to lnsp Butler.

13 Insp. Raymond Butler testified that he received one tube of blood from DC 27 Ferguson on September, 2005. The tube of blood was left on his desk for several hours and it was not until the following day that he gave the one tube of blood to DC2752 Hamilton.

14 DC 2752 Hamilton testified that around 8:45am on 7th September, 2005 he received one container containing blood samples bearing the name Oscar Leroy Ingraham. Officer Hamilton said he labelled same JH1 and handed it over to Sgt. Johnson 4 to 5 hours later.

15 Sgt. 1403 Leonardo Antonio Johnson stated that on 7th September, he received from DC 2752 Hamilton, one glass tube labelled Oscar Ingraham which contained a quantity of blood. Sgt. Johnson said he marked the tube of blood with a lab reference number and secured it in a cooler. On 15th September, 2005 he handed the tube of blood to Insp Deleveaux.

16 Insp Deleveaux testified that on 15th September, 2005 she received from Sgt 403 Leonardo Johnson two glass tubes of blood, each labelled Oscar Ingraham and marked JH-1. The officer also testified that samples of the blood were placed on a card and...