Beautiful Virgin Islands

Thursday, Sep 18, 2025

Judge rules for Daway’s phone records not to be entered into evidence

Judge rules for Daway’s phone records not to be entered into evidence

The judge in the Trumayne ‘Passion’ Daway murder trial has ruled that the evidence containing the victim’s phone records for February 2018 cannot be admitted into evidence because late disclosure of the evidence would disadvantage the defence.
The prosecution had brought in a Technical Manager from a local telecommunications company to speak to the contents of the file containing Daway’s call records. He told the court that Digicel provided the police with the records after the company received a warrant to do so.

The telecoms manager from Digicel testified that he would not have seen the files before it was sent to Jamaica as all records are stored at a central location in Jamaica. Once the police issue a warrant for call records, the information is sent to Jamaica and it is reviewed by Digicel’s legal team before sending the records to the police.

The manager told the court he would have seen the information at some point after. This became an issue for the defence counsel as they indicated it was a vague statement. The witness said the police visited him on March 22 this year to download the call records information and placed it on an empty pen drive.

He said he proceeded to upload the files onto the drive which he then handed back to the police — Detective Constable (DC) Calvin George — who placed it in an evidence bag and had him sign it.

In his ruling not to admit the phone records into evidence, Justice Floyd said he found it necessary for DC George who spoke to the Digicel manager to return and give testimony because the pen drive would be new evidence and the cop needed to speak to it. He added that it is a necessary component of continuity to hear from the police regarding the pen drive and their dealings with the Digicel technician.

However, Justice Floyd said there is an issue of late disclosure or non-disclosure because there is no statement from the police regarding their interaction with the Digicel worker. The judge said the Crown’s obligation to provide ongoing disclosure is fundamental and provides fairness in a trial.

He said the document might be admissible as evidence, but the court needed to reach that juncture first. He added that DC George had already testified in court but needed to clarify some things about the drive. However, the judge questioned ‘how can a witness be called back and maintain the principle of fairness?’

The judge said the defendants are unfairly prejudiced or disadvantaged when in receipt of late disclosure or lack of it and it is their right to object or ask for the evidence not to be tendered. Justice Floyd said he was convinced that the Digicel Manager cannot speak to the pen drive directly as it was given to him by the police.

He added that he was not prepared to recall DC George to speak to drive and he is therefore rejecting the submission to tender the pen drive into evidence, and he will forego his discretion to recall the cop to give more evidence.

DC George had appeared before the court last week to give evidence on the call records he obtained from Digicel. He told the court he placed the evidence on a DVD and placed it in an evidence bag which he had signed.

However, when shown the evidence bag and DVD, his signature was not on them and although he said he could identify it by his handwriting, the details of the content were written in all caps. Justice Floyd had ruled then that the witness was unable to satisfactorily identify the document and therefore, it could not be tendered into evidence or shown to the witness.
Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
US Tech Giants Pledge Billions to UK AI Infrastructure Following Starmer's Call
Saudi Arabia cracks down on music ‘lounges’ after conservative backlash
DeepMind and OpenAI Achieve Gold at ‘Coding Olympics’ in AI Milestone
SEC Allows Public Companies to Block Investors from Class-Action Lawsuits
Saudi Arabia Signs ‘Strategic Mutual Defence’ Pact with Pakistan, Marking First Arab State to Gain Indirect Access to Nuclear Strike Capabilities in the Region
Federal Reserve Cuts Rates by Quarter Point and Signals More to Come
Effective and Impressive Generation Z Protest: Images from the Riots in Nepal
European manufacturers against ban on polluting cars: "The industry may collapse"
Sam Altman sells the 'Wedding Estate' in Hawaii for 49 million dollars
Trump: Cancel quarterly company reports and settle for reporting once every six months
Turkish car manufacturer Togg Enters German Market with 5-Star Electric Sedan and SUV to Challenge European EV Brands
US Launches New Pilot Program to Accelerate eVTOL Air Taxi Deployment
Christian Brueckner Released from German Prison after Serving Unrelated Sentence
World’s Longest Direct Flight China Eastern to Launch 29-Hour Shanghai–Buenos Aires Direct Flight via Auckland in December
New OpenAI Study Finds Majority of ChatGPT Use Is Personal, Not Professional
Hong Kong Industry Group Calls for HK$20 Billion Support Fund to Ease Property Market Stress
Joe Biden’s Post-Presidency Speaking Fees Face Weak Demand amid Corporate Reluctance
Charlie Kirk's murder will break the left's hateful cancel tactics
Kash Patel erupts at ‘buffoon’ Sen. Adam Schiff over Russiagate: ‘You are the biggest fraud’
Homeland Security says Emmy speech ‘fanning the flames of hatred’ after Einbinder’s ‘F— ICE’ remark
Charlie Kirk’s Alleged Assassin Tyler Robinson Faces Death Penalty as Charges Formally Announced
Actor, director, environmentalist Robert Redford dies at 89
The conservative right spreads westward: a huge achievement for 'Alternative for Germany' in local elections
JD Vance Says There Is “No Unity” with Those Who Celebrate Charlie Kirk’s Killing, and he is right!
Trump sues the 'New York Times' for an astronomical sum of 15 billion dollars
Florida Hospital Welcomes Its Largest-Ever Baby: Annan, Nearly Fourteen Pounds at Birth
U.S. and Britain Poised to Finalize Over $10 Billion in High-Tech, Nuclear and Defense Deals During Trump State Visit
China Finds Nvidia Violated Antitrust Laws in Mellanox Deal, Deepens Trade Tensions with US
US Air Force Begins Modifications on Qatar-Donated Jet Amid Plans to Use It as Air Force One
Pope Leo Warns of Societal Crisis Over Mega-CEO Pay, Citing Tesla’s Proposed Trillion-Dollar Package
Poland Green-Lights NATO Deployment in Response to Major Russian Drone Incursion
Elon Musk Retakes Lead as World’s Richest After Brief Ellison Surge
U.S. and China Agree on Framework to Shift TikTok to American Ownership
London Daily Podcast: London Massive Pro Democracy Rally, Musk Support, UK Economic Data and Premier League Results Mark Eventful Weekend
This Week in AI: Meta’s Superintelligence Push, xAI’s Ten Billion-Dollar Raise, Genesis AI’s Robotics Ambitions, Microsoft Restructuring, Amazon’s Million-Robot Milestone, and Google’s AlphaGenome Update
Le Pen Tightens the Pressure on Macron as France Edges Toward Political Breakdown
Musk calls for new UK government at huge pro-democracy rally in London, but Britons have been brainwashed to obey instead of fighting for their human rights
Elon Musk responds to post calling for the murder of Erika Kirk, widow of Charlie Kirk: 'Either we fight back or they will kill us'
Czech Republic signs €1.34 billion contract for Leopard 2A8 main battle tanks with delivery from 2028
USA: Office Depot Employees Refused to Print Poster in Memory of Charlie Kirk – and Were Fired
Proposed U.S. Bill Would Allow Civil Suits Against Judges Who Release Repeat Violent Offenders
Penske Media Sues Google Over “AI Overviews,” Claiming It Uses Journalism Without Consent and Destroys Traffic
Indian Student Engineers Propose “Project REBIRTH” to Protect Aircraft from Crashes Using AI, Airbags and Smart Materials
French Debt Downgrade Piles Pressure on Macron’s New Prime Minister
US and UK Near Tech, Nuclear and Whisky Deals Ahead of Trump Trip
One in Three Europeans Now Uses TikTok, According to the Chinese Tech Giant
Could AI Nursing Robots Help Healthcare Staffing Shortages?
NATO Deploys ‘Eastern Sentry’ After Russian Drones Violate Polish Airspace
Anesthesiologist Left Operation Mid-Surgery to Have Sex with Nurse
Tens of Thousands of Young Chinese Get Up Every Morning and Go to Work Where They Do Nothing
×