Phillip’s Attorney unveils flaws in trace evidence

By Pauline Waruguru
Nevis Reporter-SKNVibes.com

Warrington Phillip leaving the High Court in Nevis

The loopholes were uncovered by Dr. Henry Browne when he cross-examined Corporal Joel Caines, who was the lead investigator in the case where Phillip is accused of killing his wife, Shermel Phillip, on Friday, February 16, 2007.

Dr. Browne, counsel for the defence, established with much ease from Caines that he did not walk with an investigative check-list in which to enter his findings and neither did he have an exhibits book nor a logging book.

Dr. Browne argued that as a result of these deficiencies, there was no record to indicate the sequence in which the exhibits were taken.

Caines admitted that he did read the exhibits collection manual, but he was unable to give its name during cross-examination. It was also revealed that the investigator did not collect fingerprints from any part of Shermel’s car.

 “The handle of the car was on the seat of a motor-car, did you check the handle for fingerprints?” Dr. Browne asked the investigator, whose reply was “no”.

Dr. Browne asked, “Did you check the exterior doors for fingerprints?” and Caines again answered in the negative.
 
When asked if he had swabbed any area of the motorcar, the investigator once more said, “No.” ~~Adz:Right~~

In furtherance, Dr. Browne also asked Caines if he had searched for hairs by vacuuming the car, and he said he had found only one strand. Caines also admitted to Dr. Browne that there was no evidence that tied Phillip to his wife’s car. It was also brought out in court that the cap Caines had found at the crime scene was examined for DNA results, and that too could not trace Phillip to the car as it did not have Shermel’s DNA profile.

According to Caines, after Phillip’s car had been taken to Charlestown Police Station and searched in the accused presence, no property was taken from it and neither was Phillip’s red pick-up listed for presentation to court as an exhibit. Caines said he collected a swab from a section of it that had blood, but no blood sample taken from Phillip or swabbed from his property had Shermel’s DNA profile.

He also stated that he did not see any reason to take photographs of the pick-up belonging to the accused.

Dr Browne however did not discover any flaw in the manner in which Sergeant Alanzo Carty took photographs.  It was told to the court that he took photographs of Shermel’s premises, front and rear portions of the car, left side of the car, position of body of the deceased while in the car, the part of the body lying in the rear seat, the cell phone next to the right hand of the deceased, blood on the steering wheel of the car, the rear and front cabin, handle of the door and the blue cap found near the door. However he did not take a photograph of Phillip’s red pick-up or a picture of the body being removed.

Carty was the officer charged with processing the photographs and he was also the officer who flew to the Florida-based DNA Labs International to deliver exhibits given to him by
Caines – a cap, two vials of cotton swabs, one blue shirt, one cotton pant, one camisole, two vials of blood, two vials of fingernails clippings and two vials of blood taken from the deceased.

On arrival in Florida, Carty was driven from the airport by Scott Maullet, the DNA Labs International Vice President, who flew into Nevis to confirm that the chain of custody was intact. His evidence took only two minutes.

The Prosecution closed its case yesterday afternoon and the accused did not call any witnesses.