Fresh DNA samples taken from Sean Luke accused

FRESH DNA samples were taken from the two men charged with the 2006 murder of six-year-old Sean Luke, earlier this week.

Results of the tests are expected to be ready in two weeks, senior prosecutor Sabrina Dougdeen-Jaglal told the court when the men’s trial resumed on Friday.

Dougdeen-Jaglal was responding to a complaint by defence attorney Evans Welch who said he was taken by surprise when he was told by a relative of his client, Richard Chatoo, that swab samples were taken from him and his co-accused Akeel Mitchell at the prison.

He acknowledged receiving an e-mail from the prosecutor, telling him that his client would be tested for DNA “this coming week”, but said he interpreted it to mean next week and had hoped that he would have been able to discuss the issue with his client.

He said the issue of DNA evidence was very significant and there “may be something in the Act (the Deoxyribonucleic Acid (DNA) Identification Act) on the circumstances by which you can take a second sample.”

Welch said his client was also taken by surprise when the police showed up, in the middle of a trial, to swab Chatoo at the prison.

“My second concern is if it is an attempt being made to compare what they get from the accused with samples taken from the deceased, in the middle of a trial, one would think the process would be accelerated.

“I would not want to be taken by surprise by DNA evidence being dropped on me in the middle of a trial…I wouldn’t want it to come during the trial or to embark on any part of the trial then have DNA dropped on me…I would want the trial adjourned, as long and as many times as necessary,” as he sought to get from the prosecutor when the results and reports would be available.

In response, Dougdeen-Jaglal said she could not identify the exact date and time when the swabs were to be taken since it was for the prison authorities to sort out the logistics, and she was not privy to that information beforehand.

“I knew it was happening this week so I sent it (the e-mail) out on Monday, so that if they (the defence) wanted to consult with their clients, they would get the time to do that.”

In response to Welch’s claim that he was taken by surprise, she reminded that in early February she had indicated that the status of the exhibits, which included DNA testing, were still being pursued by the prosecution.

She said she had also filed, early on, a notice of fresh evidence and the results she expects to receive shortly was simply another aspect of ongoing disclosure.

“I play with my cards face up,” she said, adding that she chose not to raise the issue of the fresh evidence at this stage since the results were not yet ready.

At present the judge presiding over the judge-alone trial is engaging in a process called a voir dire in which the defence challenges certain evidence the prosecution intends to lead at the main trial.

Dougdeen-Jaglal acknowledged it would be irresponsible of the prosecution, and unfair to the defence, to start the main trial until the issue of the DNA evidence was resolved as “either way it can impact the trial in a significant way.”

In early February, she had admitted that the State hoped to be able to present the evidence in court but could not give a definitive timeline since the results collected by the police over a decade ago was still not available.

As she expressed hope that the issue could be resolved sooner, she pointed to a legal notice signed by National Security Minister Stuart Young on January 11, in which Caribbean Forensic Services was approved to conduct DNA testing for the State.

At Friday’s sitting, Cpl Nigel Stephens of the police audio-visual unit testified. During his evidence, a taped recording of an interview with one of the accused was played. He will return next Wednesday to complete his testimony while on Monday, the judge will rule on Mitchell’s voir dire.

Justice Lisa Ramsumair-Hinds is presiding over the trial which is being held in a hybrid form with some witnesses testifying virtually, while others are giving evidence either from the San Fernando High Court or the Judiciary’s virtual access centre facility in Port of Spain.

Mitchell is being represented by Mario Merritt, Randall Raphael and Kirby Joseph while Evans Welch, Kelston Pope and Gabriel Hernandez are representing Chatoo.

Luke’s body was found in a sugar cane field near his home at Orange Valley Road in Couva in March 2006.

The six-year-old had been sodomised with a sugar cane stalk that ruptured his intestines and internal organs.

Mitchell, now 28, and 30-year-old Chatoo were charged with the crime as teenagers.