Vlissengen Road murder Court calls on prosecution to present video evidence

At Travis McDougall’s trial yesterday for the murder of Ashok Raghoo, Police Corporal Derwin Eastman could not account for video footage he claimed to have seen and the presiding judge ordered that the prosecution make every effort to have it presented

McDougall is accused of murdering the businessman during an alleged robbery on August 18, 2014, at Vlissengen Road. He has pleaded not guilty to the indictment.

Eastman yesterday told Justice Navindra Singh and the jury, that based on information received, he viewed CCTV footage looking for a purple helmet which he “observed…”

Before completing his sentence of what he was claiming to have observed, defence attorney Nigel Hughes raised an objection that the witness may possibly be relating “hearsay” testimony.

Counsel advanced that unless the prosecution would be in position to produce the supposed footage to the court, then Eastman should not be allowed to complete what he was about to say.

Justice Singh then enquired from Prosecutor Tuanna Hardy whether the state was in possession of the footage to be presented to the court.

In response, Hardy asked the witness “do you know where that footage is today?” His answer was “no.”

The corporal conceded Hughes suggestion under cross-examination, that right up to the point of his testimony yesterday morning, he had never produced the footage he claimed to have seen—not even during the preliminary inquiry (PI) at the Magistrates Court.

Hughes then asked him whether it was not also true that the Magistrate had requested he produce the footage. After momentarily gazing at the ceiling, however, Eastman said he could not recall.

Asked where the camera containing the footage he spoke of was mounted, in relation to the scene of the crime, Eastman, who described himself as an intelligence gathering rank, said it was located some 400 yards away.

Asked if that camera had been located at the Rubis Gas Station, the policeman said it was, adding that it was atop a pole, pointing directly onto the road in front of gas station, “about 300 to 400 yards” away from the scene of the shooting which occurred at the traffic light at the entrance of the Botanical Gardens.

Asked whether there was anything preventing him from producing the footage during the PI, Eastman told Hughes, “Sir, it wasn’t my calling.”

Further pressed as to whether anything hindered him from producing it at the current trial, the smiling corporal responded “if it could be found...” Hughes, however, immediately interrupted, asking him to answer exactly what he had been asked.

It was only after the judge had intervened, that Eastman said no, there is nothing preventing him from producing the footage. Asked why he did not so do, he told Justice Singh, “because I don’t have a copy,” though he agreed with counsel, that it was a “vital piece of evidence.”

According to the witness after viewing the footage at the Criminal Investigation Department (CID) Headquarters at Eve Leary in 2014, he never saw it back. Asked if it had disappeared, he told Hughes, “I can’t say.”

Questioned as to whether he had ever shown the footage to the accused, Eastman said he never did. His answer was the same when asked if he had ever made a request to have the footage presented to the court.

As to if he personally knew of any eyewitness or supposed eyewitness viewing the footage, Eastman said he is not aware.

When asked what he would have to do to have the footage, Eastman explained a