By LAMECH JOHNSON
Tribune Staff Reporter
ljohnson@tribunemedia.net
ONE of four people to be tried in six weeks’ time concerning the murder of businessman Kurt McCartney appeared in the Supreme Court yesterday for a status hearing.
Lyndera Curry and her lawyer, Geoffrey Farquharson, appeared before Senior Justice Stephen Isaacs to raise concerns about the Crown’s handling of the judge’s instructions in connection with an alleged statement by an anonymous witness on the only evidence alleging Curry’s involvement in the October 24, 2013, murder.
However, the hearing will resume on Friday, January 23, when Senior Justice Isaacs will hear Mr Farquharson’s submissions.
In December, Mr Farquharson had previously argued that his client’s right to face her accuser had been breached and if the court was “not minded” to have the charges of murder and armed robbery withdrawn, the court should give Curry bail.
Senior Justice Isaacs ruled that the purported statement of the witness contained in the Voluntary Bill of Indictment, the Crown’s case against the accused, was not a statement at all and did not comply with the provision of the Witness Anonymity Act.
The court ordered that the Crown provide the actual statement of the witness to the defence. However, Senior Justice Isaacs ruled that any identifying information of the witness be sealed before the statement was turned over as the witness anonymity order would remain in place.
Admission to bail and the other declarations Curry sought from the judge, including the dismissal of the charges, damages for denial of due process, and damages for false imprisonment, were dismissed.
Curry is charged, with Sumya Ingraham, 26, also of Plantol Street, Thorne Edwards, 23, and Okell Farrington, 31, of Pinewood Gardens. They are alleged to have intentionally caused the death of Richard Kurt McCartney on October 24, 2013.
They were also charged with armed robbery. It is claimed that while armed with a handgun, they robbed McCartney of his 2007 Hummer vehicle, valued at $37,000.
McCartney, the brother of Democratic National Alliance Leader Branville McCartney, was shot and killed in Gambier Village. Police discovered his Hummer a few hours after his death east of the Traveller’s Rest restaurant. The accused were not required to enter a plea to either of the charges. They were remanded in custody.
A fifth person, 42-year-old Terry Delancy, the owner of Virgo Car Rental, was charged with being an accessory after the fact. He is accused of enabling Curry, Ingraham, Edwards and Farrington to avoid due process of the law. He pleaded not guilty to the charge.
Delancy was granted $15,000 bail with one surety. He was ordered to be electronically monitored.
All five accused are scheduled to stand trial on March 5.
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