Friday, the last day of January 2014. The 31st
In court 2 – Home Circuit Court, Kartel dresses down for Friday. Jeans and a plaid shirt with multi colored shoes are worn. The shoes are a bright mixture of orange, purple, yellow. He takes his usual orange handkerchief which has some black and white markings all over it. He occasionally wipes his face or wraps his hand with the hankie.
Tamika Harris Attorney-At-Law for Andre ‘Mad Suss’ St. John commences her cross examination of Detective Sergeant Patrick Linton. She is the last attorney for the defence to cross examine Sgt Linton.
Here’s is the verbatim account of what transpired in court. The highlight of her cross examination comes when Miss Harris informs the court she has a man on the outside she wishes to call. In walks a man about 5 feet 8 inches tall. See the reason for his presence in notes below.
Harris to Linton – Good afternoon Mr. Linton.
Q- You gave evidence that phone 3682 was set to network time
My note – phone with IMEI is attributed to Kartel. It is alleged to contain damning BB messages, SMS and voice notes. The defence has to destroy this evidence.
Q- Do you know when phone was place in that mode network time
A- No My Lord
Q- Do you know who set it to network time
A- No My Lord
Q- You gave evidence that some of files have names and some names had dates as part of names
A- Names are there based on naming convention
Q- Would you agree that you can change that file name easily
A- When you say you can change file name, what do you mean
Q- Repeat question
A – My Lord, A file name can be changed
Q- You also said saw in this video you saw a person with a tattoo marked BOSS
Q- Can you tell us the BOSS you saw how was that spelt
A- I saw B-O-S and what appeared to be another S
Q – when you what appeared to be does that mean you are not sure
A- Not 100%
Q- Also said you saw someone in picture with tattoo marked WORLD BOSS.
Q- How was that spelt
A- I saw clearly WOR and what appeared to be L and D at end
Q- You used the word clearly and the words what appeared to be. Is it that you are not sure
A- It appeared to be My Lord. I recall seeing W in bright red color O-R and what appeared to be L and possibly a D
Q- So when you use words appeared it means you are not sure
A- It appeared to be My Lord
Q- Are you sure this was one of your many mistakes
A- It appeared to be My Lord
Q- Do you know anything bout body paint
A- I have heard
Q- Can you say whether there was a body paint or tattoo in the picture
A- It appeared to be a tattoo
Q- Appeared to be means you are not sure
A- It appeared to be be
Q- Would I be correct if I said it appeared to be body paint
A- Those are your words counsel
Q- Similarly you can say whether it papered to be a tattoo
A- It appeared so
Q- Can you tell when this person in pic with WORLD BOSS got tattoo or body Paint
A – no counsel
Q- Based on your evidence that picture with meta data you are relying on as taken in September is that so Mr Linton
Q- If I can remind myself
Harris- I have no objections to witness refreshing his memory
A- Based on my notes that would be 24th Sept 2011
Q- Can you tell if person in photo got tattoo or body paint on Sept 24, 2011
A- I cannot tell that
Q- You cannot tell this court whether the person you saw on that picture had on BOS tattoo
A- I don’t understand
Judge – you can’t say whether person had that tattoo on 16th of August, 2011
A- In the photograph I saw a person wearing a tattoo that appeared to be a similar tattoo worn by a person in a video My Lord that was recorded on the 16th August 2011
My note – When the judge asked the question of Linton, Miss Harris sat down prompting this word from the judge
Judge to Harris – may I say Miss Harris, that during the course of exam when you take your seat, I take it you are at the end of your cross
Harris- I am guided My Lord
Q- Can you say if
A- I saw a person with tattoo that appeared to be similar to the one worn by a person in video
Q- In the video did you see a face
Q- You agree tattoo is not a unique identifier as a DNA or fingerprint
A- Yes counsel
Q- Or a unique a identifier as an IMEI number
A- No counsel
Q- How are in a position to say it appears to be a tattoo but not a body paint.
A- It appeared to be a tattoo to me counsel
Q- How you know it’s not a body paint
A- It appeared to be body paint counsel
Q- How can you say that
A- My Lord it appeared to be a tattoo
Judge – do your know difference between body paint and tattoo. If someone was wearing it could you tell the difference
A – Not specifically My Lord
Then this moment followed!
Harris – My Lord, I seek permission for a person to enter court for viewing by the witness
Judge – yes
A man said to be Patrick Walker is called he steps into court and is told by Harris to stretch his hands out!! The man showed outstretched inner foreman to Linton. On the inner forearms the words ‘WORL’ BOSS’ were either tattooed or body sprayed. I can’t say which.
(My thoughts – This is kind of one of those moments where the nail prints in the hands of Jesus become proof of crucifixion – Jesus keeps me near the cross! Sas crise)
Linton’s eyes pop wide open as he examined the ink on the outstretched arms of this man.
Q- Would you agree that those tattoos or body paint look similar to one in photograph
A- The words in photograph had what appeared to be bright colored red ink around each letter far different from what I was just being shown
Q – What does the tattoo or body paint say
A- WORL on one; BOSS on the other
Q- You agree, shades and coloring on camera can be function of features of camera
A- My Lord, I am not a professional photographer
Q- Don’t yo agree brightness on computer can be adjusted
A – On the screen – yes counsel
Q- Colors can be enhanced
Q- On a computer sir
A- Yes counsel
Harris – My Lord, I have another person but he is not here as yet. Might I ask my friend to continue until he gets here
Judge – you have done this in a disjointed way. I will allow you to go and make enquiries as to where the person is
Miss Harris leaves the courtroom to make a call. She returns to tell the judge the person would be there in 20 minutes.
Judge are what has been a long week told the – we’ll take the adjournment now.