The Office of the Director of Public Prosecutions (DPP) is seeking to reinstate a murder charge against a man who was freed of the crime in 2018.
In the appeal, the DPP’s Office is seeking to reverse a decision taken by Justice Lisa Ramsumair-Hinds to not allow the evidence of the State’s main witness to be used in Frankie Bartholomew’s trial.
Ramsumair-Hinds’ decision directly led to Bartholomew being freed of murder Marcus Mark.
Mark, was shot dead while walking along the Eastern Main Road in St Joseph after leaving WASA fete on February 1, 2009.
Mark’s girlfriend Ornella Nanton, who was at his side and escaped unscathed, implicated Bartholomew.
However, before she could testify during the preliminary inquiry into Mark’s murder, she was murdered at her Claxton Bay home.
Bartholomew’s lawyers Wayne Sturge and Danielle Rampersad had applied for Nanton’s statement to be excluded as there were never able to test her claims through cross-examination.
Presenting submissions before Appellate Judges Alice Yorke-Soo Hon, Malcolm Holdip and Maria Wilson, yesterday morning, senior State attorney Mauriceia Joseph claimed that the judge overstepped her powers as she should have allowed Nanton’s statement to be presented to the jury and give them guidance on how to consider it.