Verbatim notes – cross examination of Detective Sergeant Linton (formerly of the Cybercrimes Unit of the Jamaica Constabulary Force, JCF. Sgt Linton is now at MOCA) by Pierre Rogers, Attorney at law for Kahira Jones.
Q- The voice notes, they were part of conversation
A- They were recovered from a voice notes folder My Lord
Q- Not part of a conversation
A- Persons were speaking My Lord
Q- so was it part of a conversation
A- Persons were speaking on the voice notes My Lord
Q- go to your forensic image. Is it still sealed?
My note – forensic images are contained on a DVD that had been seal. The seal was broken leading Pierre Rogers ask questions about who broke the seal
Q- Who broke the seal
A- I did (says the Registrar of the court) – Judge made an Order the previous day for the prosecution to view the contents of what was on the DVD and that the Registrar should facilitate the viewing. The matter of who broke the seal and whether the integrity of the contents remain in tact became subject of legal submissions for more than 10mins.
Matter was resolved with this:
Judge – There are things done in court on the presumption that persons are ministers of justice. Not everything done should be called into question without more.
Pierre Rogers – truth is My Lord, I will move on
Judge- thank you counsel.
Q- open the document please Sir. Find R v Adija Palmer/C/Blackberry/Media/Font/480×480
A- Give me the file name, you gave me path name
Q- (File name given)- Can I get the footprint that is time created, accessed and viewed
A – yes Sir
Q- This is a forensic image of the SD card
A- Please be specific
Q- I am asking about the CD u are viewing
A- Its the image from the SD card handed to me by the Registrar
Q- This is a bit by bit production of what was on the SD card
A- It is a bit by bit copy of the original SD card
Q- would it show the time it was accessed
Q- You remember you said before you had nothing to do with the SD card between the 1st and 13th of October 2011
Q- Look at that for me. Do you agree file was accessed on the 6th of October
Q- You said you had nothing to do with it then
Q- Yday you said if unauthorized persons had use of phone, the evidence would be virtually worthless
A- What evidence? in what context
Q- Question above repeated
Q- Did you authorise anyone to use the document on the 6th of Oct
Q- Here it is that the data on the SD card is being accessed. Not the phone but the data on the SD card (Rogers takes his voice up a notch for emphasis)
Q- other files on the SD card accessible as well!
A- My Lord, when thumbnail created, it creates a key as a reference
Q- (Rogers presses Linton on a previous question regarding worthlessness of evidence if there was unauthorized access of phone and SD card. Linton says he can’t recall saying that prompting Rogers to ask the Judge what his record of the notes says. Judge has difficulty finding the exact note so Rogers ask the question again)
Q- if unauthorzed persons had use of the phone it would be virtually worthless
Taylor for prosecution objects – argumentaive question and one that is to be left to the jury.
Rogers – when I asked the question last week, there was no objection
Taylor- I am objecting now!
Q – repeated
A- No don’t agree
Q- If someone have up di phone di information on it would be good
A- If they had the phone so that data was modified that is relevant to the case then data would be worthless.
Q- can you speak to any other reason other than manipulation why anyone would have up di phone’
A- I don’t know
Q- On the 9th of Oct when phone was in custody of police, calls were being made from the phone
A- I don’t know of that
Q- Text was sent
A- I don’t know of that
Q- YOu ARE A LIAR
A- No. I’m not
Q- If texts were sent, they would be captured by your machine
A- Which machine
Q- di same one weh u a look pon. Are you saying no texts were sent
A- be more specific
Q- repeated as above
A- What I recall is a request was sent from that phone prior to it coming to the forensic lab requiring identity information on that phone
Q- is that a text
Q- Sent by the police when the phone was kept under sterile conditions
Taylor (prosecution) – be fair and specific. Specify a date
Rogers continues – wasn’t it sending messages
A- Messages? I can’t recall messages
Judge – it sent message about identity
A- Yes My Lord
Q- it received messages at 9:37PM on the 30th September, 2011
Judge – what date was the phone taken by the police
Rogers – 5:30PM on the 30th day of September, 2011
Q- This phone was being used by the police
A- be more specific
Q- Persons used the phone when it was in the custody of the polcie
A- What do you mean by ‘used’
Q- You think this a JOKE?
A- Be more specific. The phone was used before it came to the forensic unit to send an SMS requiring identity of the phone
Q- Phone was on at that time
Q- It was used by police at forensic unit
A- Can’t speak to that
Q- Hol’ on, hol’ on. It wasn’t used on the 9th
A- I can’t speak to that. My report shows outgoing calls
Q- So it wasn’t being used
A- I can’t speak to that
Rogers – Yuh know wah, I have no further questions for the witness!
End of cross examination by Pierre Rogers of Detective Sergeant Linton. Tom Tavares Finson continues his cross exam next. Next blog to follow with the courtroom histrionics amplified