Director of Public Prosecution (DPP) Sherma Dalrymple has told a nine-member jury the State is satisfied that it has carried out its burden of proof in the murder trial of Dorian Dailey.
However, defense attorney Darius Jones insisted that there are still gaps in the prosecution’s case and urged the jury to “use their good senses” in arriving at a favorable decision for his client.
On May 23, 2023, the prosecution closed its case against Dorian Dailey who is on trial for the murder of his father Maurice Murry Dailey.
The 62-year-old man is said to have sustained multiple injuries to his head and neck allegedly inflicted upon him by his then 23-year-old son. Following the alleged incident on January 9, 2017, Maurice was admitted to the then Princess Margaret Hospital until his death on February 21, 2017.
In her 26-minute address to the jury on May 24, the DPP, told the eight women and one man that the State was satisfied that it had carried out its burden of proof in this matter.
She insisted that the murder trial was a simple case of cause and effect as Dorian’s action led to the death of his father.
From the prosecution’s first two witnesses, Bartholomy George and Mandel Moise, the DPP said the stage was set since George testified of hearing an argument between the accused and his father on the night of January 8, 2017, and Moise found his uncle in a state of distress in an abandoned building the following morning.
While she pointed to the fact that Maurice succumbed to his injuries six weeks after it was inflicted on him, Dalrymple referenced the pathologist report which indicated that the 62-year-old man died of generalized sepsis due to failure of his organs caused by the trauma to his head.
She further averred, based on the statement of the accused taken by Corporal Jerry Frank from Dorian, on the night of January 9, 2017, there was an intent to kill and asked the jury to dismiss any case of provocation should it be raised by the defense.
“From the statement of [the] accused, Dorian Dailey admitted to swinging the cutlass two times and hitting his father in the head. This action started the chain of events which followed.”
The DPP continued, “Had it not been for the actions of the accused, Maurice Murry Dailey would not be dead.”
However, in his 19-minute address to the jury, defense attorney Darius Jones stated, consideration must be given to the fact that there were no witnesses to any action between the accused and his father.
Jones added, based on the testimony of the prosecution witness Dr. Bekele, when Maurice Dailey left the Laplaine Health Center he was stabilized. As a result, the attorney put forward to the jury that something went wrong at the hospital between January 9, 2017, and Maurice’s death on February 21, 2017.
“The pathologist said Murry Dailey died of generalised sepsis but she could not tell the court if the deceased man received treatment for this prior to his death,” Jones stated.
The defense lawyer further posited that none of the items including clothing, shoes, or a dread loc found on the alleged crime scene with what appeared to be blood were tested to determine who the items belonged to or whose blood was on them.
He added, “The police have now left you the jury to guess or speculate which I say to you, you must not do.”
When the matter resumes in court today, Justice Thomas Astaphan will sum up the case and give directions to the jury with respect to the law before they retire to consider a verdict.
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