The Director of Public Prosecutions v Franklyn Edgecombe aka “Chili”
| Jurisdiction | Bahamas |
| Judge | Williams J |
| Judgment Date | 29 June 2023 |
| Docket Number | cri/vbi/24/1/2019 |
| Court | Supreme Court (Bahamas) |
The Honourable Mr. Justice Franklyn K M Williams KC
cri/vbi/24/1/2019
COMMONWEALTH OF THE BAHAMAS
IN THE SUPREME COURT
Criminal Division
Murder — Deceased identifying witness — Visit to locus in quo — Exercise of fudge's discretion
The defendant is on trial for the murder of Rico Archer, the trial having commenced 27 June 2023.
On that date, and on at least one other occasion subsequent counsel for the defendant made application to visit the locus in quo “…because the jury has to test to make the determination, whether or not his visible identification (deceased witness) is consistent or possible.”
The defence wishes to test the length and possibility of the witness' identifying observations, namely to show that matters as alleged by the witness could not possibly be true or at the very least, the witness be mistaken.
Held: application to visit locus in quo denied.
R v Warwar (1969) 15 WIR 298 applied
Douglas Pratt v R SC CrApp No. 192 of 2014 applied
R v Taylor [2017] 2 BHS J No. 160 considered
Timothy Bailey with him Tamika Roberts for the Director of Public Prosecutions
Ms. Marianne Cadet for Edgecombe
1. The incident occurred (approximately 7:30 pm) in December 2018, some four and a half years ago. Defence counsel proposes that the locus be attended in the day. The identifying witness is deceased. Thus the impracticability of a locus visit arises immediately.
2. The cross examination by Ms. Cadet for the defendant of police witnesses and of the pathologist Dr. Caryn Sands targeted the credibility of the deceased identifying witness' observations, and, sought to underline the application to visit the locus.
3.
...“Q. Can we go to photograph number 6, please Good afternoon, officer – good morning officer Mckinney.
A. Good morning.
Q. Now this picket fence, the body was found between the picket fence and the vehicle, right
A. Yes.
Q. Can you take me to the photograph number one, please. Now, can you point out the picket fence for me please where the body was found?
A. This right here
Q. So that would be after the red car?
A. Yes, ma'am.
Q. Now, on what street is this, can you tell me?
A. Information I got was north street.
Q. Is that the east section or is it that the west section?
A. I wouldn't be able to say.
…
Q. Go to photo number three for me please. Okay, can you point out where the picket fence is from there?
A. Not in this photograph
Q. You can't?
A. No.
Q. Now, this street where this house is where the car is, can you tell me what's the name of that street?
A. The information that's exhibit at the time was that its north street.
Q. The side corner, do you know the name of the side corner?
A. No, ma'am
Q. Either way?
A. No, ma'am
Q. Now, can you tell me -are you able to tell me the distance from where this photo is taken, the estimate?
A. No, ma'am.
Q. You can't?
A. No.
Q. Are you able to say from where this photo is taken that it is close or say close to where?
A. I could only assume, ma'am.
Q. You wouldn't be able to say. Are you able to indicate from this photo where the Haitian food store is from this photo?
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