Audio recordings made by undercover operatives in the Klansman Gang are under threat of being dismissed as valid evidence; Chief Justice Bryan Sykes questions the authenticity of the files in court on Monday, February 7. In relation to Section 31 G of the 2015 Evidence Of Amendment Act, “information produced by a computer shall not be admissible as evidence…unless…. …at all times the computer was operating properly ….” as such ” there are no reasonable grounds for believing that the statement is inaccurate…”
He asked if a phone was classified as a computer, a question the attorneys could not confirm. If it is decided that the three phones used to record conversations among alleged Klansman gang members are not computers, the evidence could be withdrawn. Sykes gave the attorneys until Monday to present an answer.
Also during the trial, the chilling testimony of another pathologist paints a grim picture of the death of Xavier Smith. Defendants Andre ‘Blackman ‘Bryan, Jazeel ‘Squeeze Eye’ Blake, Micheal ‘Stennet’ Whitely, and Brian ‘Rooster’ Morris are charged with his death. His body was found on Jones Avenue on January 14, 2018, with 10 bullet holes on his left side. She added that there were signs of blunt force trauma to the head and torso before being dismissed by the judge.
The day’s proceeding ended with a revisit to argue the point of visibility during an incident where two men from the Denham Town community in Kingston were allegedly beaten and subsequently killed and buried by Klansman Gang members. A witness claimed the incident took place at night in 2018.
Court is set to resume on Thursday.
Reporter: Jhanielle Powell
