Prosecution in Cool Square murder trial asks court to allow absent witnesses’ depositions

Unable to locate two key witnesses, the prosecution in the trial of Leon Duncan has moved to have their depositions admitted into evidence.

Duncan, called ‘Leon James’ and ‘Whistle,’ is accused of murdering Imtiaz Roopnarine called ‘Bobby,’ in the course or furtherance of a robbery on January 24, 2013, at the Cool Square Hotel, West Ruimveldt, Georgetown.

Police and other civilian witnesses yesterday testified that they have been unable to locate the prosecution’s two final witnesses Linden Shirley and Tiana Cumberbatch, who were supposed to take the stand.

Imtiaz Roopnarine
Imtiaz Roopnarine

As a result, trial judge Priya Sewnarine-Beharry will today rule on an application made by the prosecution to have the depositions of the two witnesses read into evidence in the trial.

The court has so far heard that Shirley was the security guard on duty at the hotel at the time of the murder.

Meanwhile, police witnesses have testified that Cumberbatch had told investigators that Duncan had spent the night before the murder with her at the hotel and that when she left the hotel on the morning of the murder, the accused was still there.

Leon Duncan
Leon Duncan

Witnesses who testified yesterday said that repeated checks at the respective addresses of Shirley and Cumberbatch, to inform them that they needed to attend court, proved futile, as neither could be located.

The court was also told that advertisements were unsuccessfully placed in all the daily newspapers, on radio and on television, informing the two that they needed to attend court.

The judge will hand down her ruling on the prosecution’s application when the case continues this morning at 9.

Duncan has pleaded not guilty to the charge against him. He is on trial before Justice Sewnarine-Beharry and a 12-member mixed jury at the High Court in Georgetown.

The state’s case is being led by prosecutor Stacy Goodings, in association with Orinthia Schmidt and Tuanna Hardy. Meanwhile, Duncan is being represented by attorney Mark Waldron.