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Tuesday, 25 January, 2022
HomeThe Big StoriesDecision re no case submission to be handed down in 2022

Decision re no case submission to be handed down in 2022

By Makeida Antonio

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Lawyers representing two police officers charged with corruption in 2017 have been asked to provide their written no case submissions by early next week.

It has been alleged that Corporal Marcus Isadore and Constable Peter Lugay held a man at gunpoint and took illegal drugs from him for their personal gain almost five years ago.

The two men have been on trial for the past two weeks before Justice Ann-Marie Smith.

Attorney Andrew O’Kola made a submission on behalf of Lugay, and Attorney Lawrence Daniels also made a similar submission on Isadore’s behalf.

The final witness, the investigator, continued giving evidence on the stand yesterday. O’Kola challenged the investigator, saying that there was unused material in the case and questioned the involvement of a few officers in the incident who are not a part of the trial.

The investigator, however, argued that in his statement, the witness identified Lugay as one of the officers who allegedly beat him.

O’Kola called on Justice Smith to summon the other officers whom the defense believes were also involved in the matter, but the prosecution claimed that the defense has no authority to call anyone who is not in the case file to court. However, the prosecution said that the other officers can be examined if they have any information which can assist the proceedings of the case.

The defense also questioned the examination of a cellular phone which had been submitted as evidence by the investigator. The cell phone was taken to the cyber lab for forensic examination but nothing was found in the first instance. It was later resubmitted when the investigator was preparing the file and discovered that there was no information from the phone.

While being probed by O’Kola, the investigator admitted to the court that he did not make a request to the telephone provider for any information regarding call activity and location services that would have placed Lugay on the scene in Fort Road.

Neither were any searches conducted on the homes of the defendants, nor were there any investigations to determine if their lifestyles had changed to prove that they had benefitted from the alleged seizure of the drugs.

Isadore, who was 43 years old at the time, and Lugay, who was 23, are said to have committed the act while using their police-issued weapons.

The lawmen allegedly confiscated about eight pounds of cannabis from the complainant in February 2017, and another 29 pounds in April 2017, which reportedly have not been accounted for and were never turned over as evidence.

The judge will make known her decision for the no case submissions on January 19, 2022.

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