Lawyer objects to ‘persistent’ interruption from judge
Guardian Senior Reporter
Published: May 15, 2013
The lawyer for the man accused of the murder of 11-year-old Marco Archer yesterday got into a shouting match with the presiding judge whom he accused of “bias”.
Justice Bernard Turner repeatedly asked Geoffrey Farquharson, who represents Kofhe Goodman, to “move on” during his cross-examination of Detective Constable Darren Pierre, who submitted the defendant’s blood sample to the lab for DNA comparison.
Goodman has pleaded not guilty to the charge that he killed Marco sometime between September 23 and 28, 2011.
Marco’s family last saw him alive on September 23 when he left his Brougham Street home for a neighborhood store, the court has heard.
Police found the remains of a male child near Goodman’s home on Yorkshire Street on September 28.
The officer testified that he was present at Princess Margaret Hospital on September 30, 2011 when Dr. Ignacio took a blood sample from the defendant.
Pierre said he collected the sample and submitted it to the lab for comparison to other samples in the case.
Farquharson contended that the sample was obtained illegally.
Farquharson showed Pierre an authorization signed by a magistrate to take a blood sample from the defendant for a “separate investigation”.
He asked, “You see anything about a murder on there?”
Pierre said he did not.
Farquharson suggested that Pierre had brought what was intended for a separate investigation in the case to fool the jury.
Pierre denied the suggestion.
However, Farquharson continued to ask variations of those questions.
Justice Turner intervened and asked Farquharson to pursue another line of questioning.
That’s when Farquharson raised his voice and accused the judge of hampering his cross-examination with “persistent” interruption.
Justice Turner said he would interrupt him as often as he felt necessary.
Farquharson said there were cases that stated those interventions showed “signs of bias”.
Justice Turner asked Farquharson to cite his authority that a judge should not interrupt a lawyer during cross-examination.
Farquharson promised to provide those cases.
Justice Turner repeated that he would stop Farquharson if he considered the questions irrelevant or inadmissible.