Crown Counsel to appeal no-case submission

Crown Counsel Colin John has indicated to the court that he will be appealing a decision by Justice Wesley James who last week upheld a no-case submission in a murder trial.{{more}}

Lawyer Nicole Sylvester, representing murder accused Adonijah Caine, had her no-case submission upheld last week after she submitted that a witness did not Identify her client properly as the shooter, and that witnesses were inconsistent in their testimony.

She also said that the matter should not go to the jury.

The judge agreed that the evidence was weak and did not allow the case go to the jury.

Caine was on trial for the October 23, 2009, murder of Elroy ‘Elly’ Blucher.

Witness Yolande Sampson testified that she saw Caine dressed with a hooded shirt over his head, but it was not covering his face. She said she saw when the accused approached her cousin (Blucher) and began firing shots at him.

When the foreman of the jury asked Sampson what angle she saw the accused from when the shooting took place, she said she saw his face from the side.

Caine is still on remand pending the outcome of the appeal.