Obsessed – Tom Tavares Finson – #KartelMurderTrial

Tom Tavares-Finson who acts with his son, Christian as Attorneys-at-Law for Vybz Kartel. Tavares Finson was the first to begin cross examination of Detective Sergeant Patrick Linton, the expert witness for the prosecution.

Tavares Finson commenced his cross and midway sought the judge’s permission to pause his cross examination as he said he is awaiting some forensic analysis of data. He now continues his cross exam after Pierre Rodgers ends his.

Here’s the verbatim notes of his highly animated cross exam.

————-

Q- A highlight of your cross examination by Mr. Rogers was when you said ‘when I said OFF, I meant to say it was ON’
A- My Lord, when I said off in my statement, I meant to say it was on. When I said it was on, I meant it was off

My note- ‘it’ above refers to a BB torch with IMEI 3682 – attributed to Kartel. Please see my TL -@emilynationwide for full details that can fill any gaps in the evidence.

Q- the date accessed was October 6, 2011 – do you agree the date presented to the jury that the card was accessed on that date
A- Yes

Q- do you remember saying the phone and SD card were not accessed before the 14th of October 2011
A- not accessed by me

Q- originally you said the 22nd
A- yes

Q- you have admitted to the jury that at least 8 times you said you accessed the phone on the 22nd
A- yes

Q- your much VAUNTED forensic report speaks to the 22nd of October
A- yes

My note – word in capital means the speaker has raised his voice to high decibels.

Q- Listen to this question and think very carefully before you answer. Answer to the best of your ability- do you agree that the dates you presented have lead to uncertainty and that has undermined the veracity of your evidence
A- I don’t agree

Q- your forensic image has provided evidence that is unreliable
A- No Sir

Q- if you had followed the simple course of going to RIM – tell the judge what that is – you could have verified this this go to reasonable doubt
A-  no one goes to RIM

Q- is it because you don’t know about it why you didn’t go
A- RIM doesn’t give customer information for privacy reasons

Q- so if Joseph Simmonds told the court so, he would be lying
A- I can’t say that

Q- RIM would have taken away the shadow from over your evidence
A- is that a question

Q- you came and presented several pieces of evidence- video, text, BB messages
A- yes

Q- but you agree the video evidence could have been IMPORTED from somewhere provided there was a similar device
A- I only extracted data based on what was handed to me

Q- so you can’t speak to the origin
A- no My Lord

Q- you can’t say whether the video was modified
A- no Sir

Q- you can’t say whether the sound was imported
A- no

Taylor (prosecution rises) –  My Lord this sounds like a closing speech to the jury and not cross examination. My friend has started closing arguments without Crown closing his case

Finson continues his cross exam as if Taylor never spoke
Q- suggesting your evidence has no evidential value
A- I don’t agree. I extracted data from the phone in a forensically sound manner and presented findings explaining how they were extracted. I have not modified or introduced anything foreign into this case

Q- ok.  Nothing foreign on the 14th October
A- in all of my exam
Finson – OK

Finson – despite all the protestation by my colleague (Taylor) the simple thing I am saying is, you can’t speak to the 6th or the 10th of October
A- no

Q- I suggest your evidence is WORTHLESS
A- My Lord, I extracted and presented the evidence

Now an awkward moment – a phone with a very loud ring goes on in the direction of the twelve member jury. Judge Campbell looks straight head and keeps his peace. It’s as if the silence was never disturbed. All heads straight.

Finson continues – when you come here as expert – trained HERE, THERE and EVERYWHERE (this is said in  Finson’s best British affected accent  with a laughter accompanying it – the court chuckles with Finson), you have done no investigation to say how in HELL the phone could have been used
A- is this a question

Q- do you believe you owe the members of the JCF to launch an investigation and save yourself further embarrassment
A – no sir

Q- you told the court you deleted you Facebook page
Taylor blurts out – ‘DEACTIVATED’
Finson continues – DEACTIVATED Facebook – you said there’s a possibility there were hackers
A- I said Facebook was HACKABLE

My note – ‘Hackable’ – a search of dictionary.com has not produced any results but I the word. the meaning speak for itself – can be hacked – hackable

Q- I apologize to you because you are a very active computer surfer, you like surfing
A- I have no idea what you are talking about

Then this moment which caused the loudest collective court laughter
Finson – ARE you OBSESSED with Mr. Palmer? Stand up Mr. Palmer! (Kartel rises in the dock with his hands clasped in front of him between his legs)

Finson repeats – ARE you OBSESSED with him!
A- obsessed is a strong word

Most of the heads in courtroom are now down – stitches – funny moment
Kartel sits

Q- do you know urbanplanet.com
A- Urban planet?

Finson checks his notes and realizes it is Urban island and not planet and continues
Q- you made comment on that urban island bout di man tu
A- no sir

Finson laughs for a good five seconds then says
Yu mek all post pon youtube bout di man
A- what is that about

Finson – you tell me nuh u dweet
Witness is silent

Q- I am going to say this to you seriously
Finson now changed from laughter to a stern face
Q- don’t you think a serious man like you should be more careful
A- about what

Q- about the things you do on the computer at nights! Your actions on social media have cast a CLOUD over your other evidence
Witness is silent

Finson – if you had followed the Commissioner’s directive people would take your evidence seriously
A- no My Lord

Q- your failure to properly identity through Research – weh di place name – RIM – call up Mr Simmonds and find out about it – you don’t think you should do that
A- No counsel

Q- you cannot say to this jury that you can guarantee the integrity of the information. You have fallen short of the mark!
A- No My Lord

Finson – you drop the baton and you falter and the system is worse for it! Thank you my Lord

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About emilyshields

Attorney-at-Law, Partner -Gifford Thompson & Shields; Broadcast Journalist; Host of RJR's Hotline - www.rjr94fm.com; Gunner Twitter- @emilymshields
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