The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

TENSIONS mounted in day three of the high-profile murder trial of Donna Vasyli as a crime scene detective gave evidence of her involvement in the investigation of the murder of the accused’s husband in Old Fort Bay.

Prior to Sergeant Esther Miller of the Central Detective Unit being called to the witness stand yesterday afternoon, Senior Justice Stephen Isaacs, who is also acting chief justice, handed down a ruling on legal submissions that were pivotal to a particular witness the Crown intended to rely on concerning the March 24 murder of Mr Vasyli.

Discussions were held before the judge last Friday between Crown and lawyers for the 55-year-old Australian widow in the absence of the jury.

The ruling was delivered at 3pm yesterday in the absence of the jury.

During Sgt Miller’s testimony there was a tense moment as Acting Director of Public Prosecutions Garvin Gaskin sought to challenge the judge’s refusal to allow the Crown to question the detective on matters that had not been disclosed to Vasyli’s lawyers.

Mr Gaskin asked: “Is there any reason why the witness can’t be allowed to give relevant evidence?”

“Because there is no trial by ambush,” the judge said, advising the prosecutor “it does not benefit you to push this issue.”

Yesterday, Sgt Miller told Mr Gaskin that around 10.24am on the day in question, she was instructed to photograph two women, including a Caucasian woman who identified herself as the accused.

Sgt Miller said she photographed the Caucasian woman first. She said she took facial and full body pictures of the woman who was clad in a white robe, blue dress and pink slippers.

The detective further noted that she photographed a close-up view of “apparent injuries to her arms.”

The other woman was also photographed, the detective said, before speaking about items she had received from a colleague.

This prompted an objection from Vasyli’s lawyer Murrio Ducille who asked to have legal discussions in the absence of the jury.

Ten minutes later when the jury was recalled, Sgt Miller continued that a colleague “handed over to me a white robe, a blue dress and a beige tank top.”

She said these had been labelled and packaged before they were handed over. She proceeded to add another package to each after adding her own labels to the exhibits.

Those items, she said, were handed over to Corporal 3299 Dorsett at the police forensic lab for analysis.

The photographs of Vasyli and the other woman who was photographed were distributed to the jury before Mr Gaskin proceeded to ask the witness if she made any observations about the accused on the day in question.

This prompted another objection from Mr Ducille who said: “I have nothing disclosed from the prosecution about a dialogue between the two.”

“We know she’s taken photos and that’s the extent of it,” Mr Ducille added.

Mr Gaskin replied: “This witness should give evidence that’s relative to the matter.”

“What else do you have to ask this witness? Unless your evidence is disclosed to the defence it’s not allowed,” Senior Justice Isaacs said, adding that in his tenure, “I’ve never seen more asked of a photographer.”

Mr Gaskin suggested that there were “no limitations” on what a witness could speak about.

“Well I prohibit you from going any further,” the judge said. “I bar you from going any further. How’s that for limitations?”

In cross-examination, Mr Ducille asked the witness about the close up photographs she took of his client’s hands.

“You agree there are what appears to be six lines on the back of her right hand?” the lawyer asked.

The detective said yes and said they were also on the left hand.

“I’m suggesting to you these are laser burns from the doctor for treatment from age,” the lawyer put to the witness.

Mr Gaskin objected to the line of questioning but was overruled.

“Those lines, everything seems to be in order, correct?” Mr Ducille further probed.

“Yes, but I don’t know how they got there,” Sgt Miller said.

The lawyer asked if she agreed that the marks were symmetrical. The officer said she did.

He then asked if those marks could be attributed to laser treatment. Sgt Miller said they could be.

Vasyli, who is on $200,000 bail, denies fatally stabbing her millionaire podiatrist husband at their home on Ocean Drive.

On Thursday, the jury was shown a 20-minute video of a bloody crime scene at a home in the Old Fort Bay community.

Elliot Lockhart, QC, also represents Vasyli.

Neil Braithwaite, assistant director of public prosecutions, is assisting Mr Gaskin.

The trial resumes today at 11am.