With Jamaican entertainer Adija Palmer’s number being 3607418 and Clive Lizard Williams’ number being 5710021, the names frequently used between callers made it possible for authorities to ascertain the main users of each number. Simply presenting the contents of sim cards was not enough. Lawyers for the defense tried to argue that the phones may not have belonged to the defendants and so proper measure were taken to ensure that the data collected, came directly from the phone company’s data base. A subpoena may have been issued to company the phones belonged to also a court order requesting the information. The information collected would then be used to match the phones taken by the police, the phones that the sim cards were used in, the locations the phones were used in along with the messages to the owner of that specific phone number.
The Digicel call center data was said to contain information on; the caller, receiver, duration, cellular site (location call was placed in), date, cellular phone number id and receiver cellular phone number. Data from one each phone number could be store in multiple cellular data sites, depending on the location of the phone. During Corporal Sean Brown’s reading of the data confirmed by Digicel , the phone company used by the artiste, he was able to say the location of the phone when the calls were placed and received, perhaps even determining the artiste’s location whenever he used his phone.
After some time, the court allowed members of the jury to break for a two hour lunch,leaving officers of the court at the bench. Tom Tavares-Finson , lawyer to the stars in Jamaica used this time to move what little muscle he had left by bringing to the attention of the judge a release made by the CCN on Monday. In the release, the CNN accused media personnel of not reporting the true facts of the case before the court, most importantly reports were made that, questioned the competence of the JCF.
During Mr. Tavares-Finson’s argument, he proposed that the JCF did not want to allow freedom of the press. The judge unsure of Finson’s argument told him that she did not think anyone was questioning the right of the press to be at the trial , pushing the defense lawyer to openly state his concern. In his stated question Tavares-Finson, stated that his concern was not in relation to the press but it related to the CCN’s report. The report suggested that the Dancehall artiste and the other defendants were responsible for the vandalism of Digicel’s equipment. Finson was then asked to read the release after which, he added that he was able to link the release to the case before the court, even though the release did not mention the case by name.
Arguments between the presiding judge and Finson began when the judge asked Finson why was he able to link the article to the case .
”If that thing was presented to me, my mind wouldn’t move in that direction.If that were presented to me, my mind would move to the scrap metal thing”.
Witnesses in the courtroom said that Finson assumed a superhuman stance, wherein his robe caught wind and began to swirl when he rose to respond to the magistrate.
”My Lord, with greatest respect, an average person reading this would say this is a case before the court, Digicel rep giving evidence, equipment damage not done by rivals.I take this as an effort to interfere”. Finson stated.
The magistrate then asked ”What remedy would you propose”?
To which Finson responded,”Before I go there my Lord, this is not the first time the CCN had sort to influence THIS matter, now to the remedy my Lord, I would love the responsible CCN person to attend here AND be warned. CCN should be warned that before materials of this nature go out, they must be analyzed to see if they will jeopardize cases before the court, also my Lord, the case is on going and Owen Ellington says he is not satisfied with the press reports. The trial on-going and the esteemed commissioner says, ”Im not satisfied”! I am suggesting that CCN persons be called and the commissioner as well. He is NOT above the law. Your Lordship, may see this as contempt of a simple warning may be sufficient. Your Lordship has not had any reason to chastise any member of the press for inaccurate reporting”.
To which, the presiding magistrate responded, ”Not yet”.
Finson replied,”I appeal to you to exercise your common law powers and send for the CCN and Ellington. We consider this as an attempt to intimidate us”.
The magistrate, ”You are aware of the usual directions that can be given to the jury”?
Finson chided, ” There is a phrase in England,school children know”.
The magistrate asked,”What, -who is the ranked officer here”?
An officer from the dock responded ”Me Sir”.
The magistrate then asked him to step forward and asked ”Who is the commandant in this court”.
Finson replied before the officer by saying, ”the commandant can’t help here”.
The officer then left the courtroom to and called the commandant and while doing so, Piers Rogers, defense lawyer for Shawn Storm, told the judge, that he was in solidarity with Finson’s argument.
The officer, a female inspector, returned to the courtroom and was promptly told by the judge that that he was aware of a release that was sent , that could be construed by some . The judge stated,”Perhaps greater care ought to be taken. The court is very jealous of its authority, communicate with this organization, the court’s concerns so that releases cannot lend themselves to such construct”.
The inspector then requested a copy of the release and said that she would convey the message Detective Sergeant Corporal Steve Brown.
Finson intervened,”Should she communicate that to Commissioner as well”.
The magistrate response was,” I don’t have anything from the Commissioner in front of me”.
Finson, ”would your Lordship like me to bring Commissioner’s release tomorrow”?
Magistrate,”If you can, please do”.
Finson, ”will do”.
Finson then handed the female inspector, a Ms. Meikle a copy of the CCN’s report and reverted a mocking, ”Say hello to Steve Brown for me”. Purposefully tossing aside the officers titles.
The court was then called back to order and the remaining call data for the day were read. At approximately 2’30 pm , Jermey Taylor, leading prosecutor asked the magistrate to stop and reconvene the following day. In closing,the court’s Foreman brought to the judge’s attention that a few jurors would have difficulty returning the following day and also for next Monday, January 20, 2014. The judge urged the members of the court to start the next court day promptly at 10. Court was then adjourned until Thursday, January 16,2014.