A warrant could not by law have been issued for the police officer whose failure to appear at a murder trial forced an acquittal last week, lawyer Murrio Ducille told The Tribune yesterday.
He said that Justice Anita Allen could not have issued an arrest warrant for Constable 802 Sean Ferguson, who it was claimed, was the material witness who failed to appear in court to testify in the murder trial of Andre Kikivarakis.
Mr. Ducille said the officer was in fact not registered as a witness during the preliminary inquiry, and was only called by the prosecution at the last minute.
Mr. Ducille, who appeared for Mr. Kikivarakis in the trial, said the impression given by the media that the officer had been a material witness from the start of the trial was “erroneous and misleading, and could only create a false impression of what actually transpired in court.”
According to Mr. Ducille Justice Allen “rightly instructed the jury to acquit the accused man”.
“Much has been made of the judge not issuing a warrant for this witness, but it must be understood that, one: The judge could not have issued a warrant for this man, as he wasn’t yet a witness in the case when the prosecution came to court, as the prosecution had not yet been given leave by the judge to have the witness called. Two: It follows that he had not been served with a subpoena to come to court and give evidence, in which case the judge could not have issued a warrant for his arrest. Three: There is no evidence that he was notified to be in court to give evidence.”
Source: Paco Nunez, The Tribune
