Just as the prosecution was preparing to close its case against a trio accused of aggravated burglary on Tuesday, the jury foreman passed High Court Justice Nicola Byer a note.
“The jury wants to visit the scene to get a better understanding of the general layout,” Ms. Byer said.
She asked all the attorneys present to weigh in before she made her decision.
After confirming that they would be allowed to cross-examine any witnesses about new information that surfaced during the visit, Valerie Stephens-Gordon, who represents Samuel Harris, and David Marshall, who represents Doyle Guishard, said they had no objections.
But Michael Maduro, who represents Denzil Wheatley, said he had concerns.
“It’s an uncontrolled environment and issues may arise,” Mr. Maduro said.
But Ms. Byer said that any uncertainty the jury might have about the layout of the area, which includes the residence that was burgled and the business from which closed circuit footage was captured, could hurt his client.
Ms. Byer also told the court that she too had been unclear about the relative locations described by trial witnesses and depicted in the video footage.
Senior Crown Counsel Valston Graham said that he saw no harm in the visit, adding that if it goes as other location visits have, the specific locations discussed by witnesses would be pointed out, but no new evidence would be given.
When Ms. Byer told the jury that they would be visiting the site, Mr. Graham added that the rules of the courtroom would still apply: The jury would be separated from witnesses and attorneys, and any questions jurors might want to ask would have to be submitted through Ms. Byer.
See the April 30, 2015 edition for full coverage.