Today was a pivotal day in the high court for the triple murder trial of Elmer Nah. His attorney, Dr Lynden Jones had made a no case submission - and Justice Nigel Pilgrim ruled against it. Nah also made a 27 minute statement from the dock professing his innocence and pointing to what he says are multiple defects in the evidence.
It was a much anticipated ruling, and a dramatic dock statement and it draws the case closer to a verdict. Our court reporter spoke to the attorneys for both prosecution and defence outside court. We start with Nah's attorney:
Lyden Jones, Attorney
"Today we got the decision for the no case submission. The court overruled our application for a no case submission. The details of that overruling will be given at a later date in writing. This morning was charged, it was put to our client that he could remain silent, he could give a dock statement or he could take the stand. Our client had taken the stand before in the voir dire and that evidence is being incorporated into the main case. Therefore he decided to give a dock statement. In that dock statement he was bringing up about the boots, the different colors of the boots that had been brought out in evidence, the chip that contains the original videos of this shooting that went missing. And additionally he was saying about the tattoo that they were trying to say he had just put on the tattoo. But he placed it the 31st of October 2003 here in Belize City, therefore after he gave his dock statement now we must do closing submissions to try and finalize this case."
Terrence Williams, Jamaican prosecutor
"The learned trial judge ruled that there is a case to answer and he gave an unsworn statement and we have a date set for March I believe the 13th for closing submissions."
Reporter-
"You mentioned that you all will be doing written submissions in closing arguments?"
Terrence Williams, Jamaican prosecutor
"I think it will be written and complemented with a brief oral."
Reporter-
"Are you at this moment can you say as to Mr Nah's doc statement can you say anything about the allegations he was making in his doc statement?"
Terrence Williams, Jamaican prosecutor
"I reserve that for my comments to the court."
Nah ended his statement from the dock saying, quote, "I am not responsible for these murders I am being accused of…I am here to speak the truth nothing but the truth, so help me God."
As you heard, the trial resumes on March 13th.
