Defence pathologist agrees with State’s in Sean Luke trial

ON WEDNESDAY, the sole defence witness for one of the men accused of the brutal murder of six-year-old Sean Luke agreed with the findings of the State’s forensic pathologist on a key issue concerning the time of the boy’s death in March 2006.

Attorneys for Akeel Mitchell on Wednesday, called Prof Hubert Daisley as their client’s only witness.

They had previously challenged the findings of Dr Eslyn McDonald-Burris on the cause and time of death when she testified at the trial in May.

Burris’s official finding was that Luke died from “internal chest and abdominal injuries and haemorrhage due to a foreign object – a cane stalk – introduced into the body cavity.”

She had been questioned about a finding by Daisley who suggested strangulation, or asphyxiation, was a possible cause.

McDonald-Burris also said, from the degree of decomposition, Luke would have been dead for more than 24 hours but not quite 48.

Usually, an expert witness is called by the defence to rebut the evidence of the State’s experts. However, on Wednesday, Daisley said he agreed with McDonald-Burris’s findings on the time of death.

“I read the notes, I agree with Dr Burris in her estimation when she stated that death would have occurred 24/36 hours.”

He also admitted he did not see Luke’s body or performed a second autopsy on the child’s body, but based his findings on the “clear and meticulous” report by McDonald-Burris.

Defence attorney Randal Raphael, in leading his witness’s evidence in chief, did not question him about his findings on cause of death.

Instead, he questioned him on decomposition, marbling of the skin and skin slippage and how they occur.

He was also questioned about the maggots found on Luke’s body. He said their presence was a study of entomology and, while he could say they would be a sign of decomposition, an entomologist would be able to give a better answer on what one should expect if the body was out for 48 hours.

Daisley said he did not think the time of death could have been extended to 48 hours as the defence had suggested as there would have been more signs of decomposition and more maggots.

“In 48 hours, if it (the body) is exposed in the environment, I would expect more changes. Decomposition would be a bit further and I would expect more marbling on the chest, the abdomen more distended with gas, and more peeling of the skin.”

He also said decomposition was not a good measure of time.

“It is just an approximation, simply because there are other factors that determine decomposition.

“…Decomposition doesn’t tell us anything except decomposition. We should stay away from putting a time on decomposition. It could have occurred at any time. We do not rely on that because it is not scientific. We determine other factors…Heat, rain, water. We stay away from that. We try to be evidence based.”

Daisley said based on McDonald-Burris’s report of minimal bloating and skin slippage, that a significant portion of the body was normal, “…in that setting, I don’t think it (time of death) would have extended to 48 hours,” as he repeatedly agreed with the State’s forensic pathologist on the time of death.

Questioned about the effect the cane stalk inserted in Luke’s body, through the anus, which led to his death, would have had on the boy, Daisley said, “He would have been in a lot of agony.

“There are areas I want to mention…It is mentioned that the right lung was injured, the pericardium was injured, the heart was injured, the right diaphragm was injured, and this stalk was pushed through the rectum, so you had injury there and the rest of the body.

“The heart, lung, diaphragm, these were very serious injuries.” He said given the injuries, Luke would not have lived for long.

“Five minutes or thereabouts.”

On this, Mc Donald-Burris said based on her findings, death would have occurred within minutes.

“I don’t think it would be as much as an hour, but several minutes. I didn’t think death was instantaneous.”

Mitchell opted not to give evidence and at the end of Daisley’s testimony, his attorneys closed his case.

On Friday, his co-accused, Richard Chatoo, will testify from the Maximum Security Prison in Arouca, in his defence.

They are before Justice Lisa Ramsumair-Hinds in a virtual, judge-only trial.

Mitchell and Chatoo, now 28 and 30 years old, were teenagers when they were arrested and charged for the murder.

They are represented by attorneys Mario Merritt, Evans Welch, Kirby Joseph, Randall Raphael, Kelston Pope and Gabriel Hernandez.

Prosecuting are assistant DPP Sabrina Dougdeen-Jaglal, and State attorneys Anju Bhola and Sophia Sandy-Smith.

Luke’s body was found on March 28, 2006, in a canefield close to his home.