A State witness, who attempted to end her life last week as she was set to testify in the trial of a man accused of murdering a 16-year-old Laventille teenager in 2013, will not have to return to court.
During a hearing of Christon “Grimey Dog” Greaves’ judge-alone trial at the Hall of Justice in Port-of-Spain, yesterday, High Court Judge Lisa Ramsumair-Hinds decided to allow prosecutors to utilise a series of statements the witness gave to the police almost a decade ago instead of her testimony.
Justice Ramsumair-Hinds’ decision was based on a progress report on the witness, which was delivered by Director of the St Ann’s Psychiatric Hospital Dr Samuel Shafe.
Dr Shafe noted that since the witness was sent to the facility based on a court order she has been receiving acute care from two teams of doctors.
“We take special precaution when we have State witnesses in terms of security and supervision,” Dr Shafe said.
He noted that the hospital’s forensic team needed at least two weeks to perform detailed psychological testing on the woman, who was currently assessed to be at the third stage of its four-tiered suicide watch protocol.
“The situation we have is more multi-dimensional,” he said.
While Dr Shafe stated that he would have to await the report from his staff to determine whether the woman was mentally “fit” to give evidence, he did suggest that her current mental health conditions would exacerbate if she had to return to court.
“She prefers to commit suicide than give evidence,” he said.
State prosecutor Charmaine Samuel initially expressed reservations over making the application under the Evidence Act to use the woman’s previous statements based on her mental health condition until the hospital delivers its assessment.
“There is no definitive finding. It is not that the State does not care about the welfare of its witness, but the forensic team still needs time to assess the witness,” she said.
She eventually relented after Justice Ramsumair-Hinds explained that the threshold for granting the application was low and she was willing based on Dr Shafe’s expert opinion.
Justice Ramsumair-Hinds made the order under the Mental Health Act about the witness, last Wednesday, after she collapsed in a witness waiting room allegedly due to something she ingested.
Shortly before the incident, the woman repeatedly expressed reservations over participating in the case as she claimed that at the time she implicated Greaves she was suffering mental health issues and was contemplating suicide.
Justice Ramsumair-Hinds’ order will remain in place until at least next Wednesday when Dr Shafe is expected to report back to her on the tests that were performed.
During yesterday’s hearing, Samuel presented the uncontested evidence of Jennifer Trotman, a former security guard at the Laventille Technology and Continuing Education Centre, who worked alongside the main witness and was also present when Kazim Maxine was shot and killed by two gunmen on August 27, 2013.
Trotman claimed that moments before he was attacked, Maxine, of Eastern Quarry, Laventille, asked her to sign the centre’s register for him as she was dealing with a crowd of fellow students.
She claimed that she saw him running towards the Eastern Main Road before he was shot by one of the gunmen. When Maxine collapsed, the other gunman stood over him and shot him five times in the head.
Trotman could not identify either of Maxine’s attackers.
Samuel is expected to close the State’s case against Greaves today when she presents the evidence of two former senior police officers.
Greaves’ lawyers Wayne Sturge and Danielle Rampersad have indicated that their client would not testify in his defence or call any witnesses.
While Justice Ramsumair-Hinds has 14 days after the end of the case to deliver her verdict for Greaves, she indicated that she expected to do so next week before the deadline elapses.
Gillana Guy appeared alongside Samuel for the State.
