An internal memo that was about to be shown to a witness by attorney Richard Rowe, prompted a protest at the Magistrate’s Court yesterday, May 12, 2014 during the trial of two accused Police Officers. Photo: VINO/File

The two men on trial, Wendell Anthony, 37, and Marvin Robinson, 33, both pleaded not guilty assaulting the now deceased Brandon George (above). Photo: Facebook

Rowe presented a document to Crown Counsel Leslie Ann Faulkner before attempting to show it to Chief Inspector Paula Alleyne who was at the time giving evidence in the Crown’s case against the men who are accused of assaulting the now deceased Brandon George. George died following an unrelated scooter accident several months after the incident allegedly occurred.

The two men on trial, Wendell Anthony, 37, and Marvin Robinson, 33, both pleaded not guilty to the charge of assault occasioning actual bodily harm for the incident which allegedly occurred on June 14, 2012.

“How did you get this?” Faulkner asked while objecting strongly to the document being entered into evidence. She declared that the document is an internal memo from the Director of Public Prosecutions Wayne Rajbansie to now Deputy Commissioner of Police Alwyn James.

Faulkner disputed Rowe’s claims that the documents were copied to his clients and promised to look into the matter of how it came into his possession.

In her testimony, Inspector Alleyne said she interviewed both men and told them of the report made against them before they were eventually handed the charges before the court.

She testified that it is lawful for an officer to stop any vehicle on a road to ascertain whether it is in contravention of the Road Traffic Act or any other regulation.

Further, once a vehicle is in contravention of the law, officers are allowed to stop the vehicle and take it to the police station or cause it to be taken to the police station, Alleyne said. However, she told the court that a warrant is needed by officers in order to access a vehicle located in a private area.

She also told the court that once there are visible injuries during the commission of a crime, the Scenes of Crime Unit of the RVIPF usually conducts investigations. Alleyne testified that Officer Robinson was seen by the Unit but George was not.

A police medical form that was tendered into evidence was also withdrawn by the Prosecution after Magistrate Dr Velon L. John said that it had not met the specifications as outlined for admissibility of documents in Section 155 of the Evidence Act.

Magistrate John said he previously stated that medical forms should have a declaration by the medical practitioner that had seen the patient and one had been added to the form after he made the observation.

He said a medical form to be tendered in court as evidence should be a form at a medical institution which could only be accessed by medical personnel and should not be at the Police station as was currently the case.

Magistrate John said he had already gone as far as preparing a document showing what the medical form should look like and had copied this to the Office of the DPP, the Attorney General, Commissioner of Police and Governor.

Rowe is expected to make a no case submission and a decision on this is expected by Magistrate John on June 2, 2014.