Prosecution closes its case in murder trial; defense presents no case

Director of Public Prosecution (DPP) Sherma Dalrymple who led the murder trial of 29-year-old Dorian Dailey of Grand Fond brought the prosecution’s case to a close on May 23, 2023. Dorian is on trial for the murder of his father Maurice Murry Dailey which occurred between January 9, 2017, and February 21, 2017.

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.

On day seven of the trial, the court heard the concluded testimony of pathologist Dr. Yaima Breachers Muniz. The doctor who was deemed an expert in Anatomical Pathology testified to the court, through an interpreter, about her finding from an autopsy performed on the body of Maurice Dailey on March 9, 2017.

In her opinion, the cause of death of the Grand Fond man was multiple organ failure caused by generalized sepsis.She told the court of her observation of blunt head trauma with a laceration of the posterior scalp, fracture of the calvarium, and right temporal bone.

The pathologist explained that the two lacerations in the scalp were caused by a blow with a sharp object which caused impact to the brain leading to inflation to the cortical tissue, which is the “functional part of the brain.” Dr Breachers Muniz said the autopsy further revealed that the brain, liver, lung, and spleen failed due to a severe bacterial infection present in the blood which travelled to all the organs.

She also testified that Maurice Murry Dailey was in a vegetative state during his six weeks at the PMH as he suffered from severe complications which caused cerebral edema which affected all the motor and cognitive functions in his body. She further held the view that the head trauma that the deceased suffered led to the complications resulting in his death.

The prosecution’s eleventh and final witness was Ferdina Roberts who is out of the jurisdiction of the court. However, an application was made pursuant to section 31 of the evidence act to have his deposition read to the court by the former clerk of the Magistrate court who was present during his evidence at the Preliminary Inquiry on June
4, 2019.

According to Roberts, on Monday, January 9, 2017, at about 6:00 a.m., he was home in Grand Fond when he received certain information. He then went in search of his friend Maurice. He did not find him at his home, he stated, but in an abandoned building only wearing boxer shorts.

By looking at his friend, Robert said, he appeared to have slept in that building. He further testified of wounds all over Maurice’s body to include a “big burst to the right side of his head and his brain appeared to be showing.”

“There was a cut under his throat and in the palm of his hands and also there was a cut by his ribs,” the deposition read. Roberts told the court he stayed with his friend until the arrival of the ambulance.

That afternoon whilst in his dasheen field, he found a knife which appeared to have blood on it and the area where the knife was found also appeared to have blood stains. He said, he contacted the police who came to the area and made certain observations then took the knife into their custody. At the conclusion of his testimony, Roberts said he last saw his friend on the day of his funeral. Following the reading of Roberts’ deposition, the prosecution closed its case.

Justice Thomas Astaphan then posed three options to Dailey—to give evidence on oath from the witness-box and be liable to cross-examination; to make an unsworn statement from the prisoner’s dock and thereby escape from cross-examination, or, to remain silent—the accused man chose the latter.

His defense attorney Darius Jones who is assisted by Peter Alleyne called no witnesses thereby closing the defense case. The matter will resume on May 24, 2023, with closing arguments from the prosecution and the defense. A nine -member jury consisting of eight women and one man is trying the matter.