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was whether the non-exhibition of the appellant’s clothes at the trial precluded the learned
magistrate from relying on the results of the forensic certificate. The court responded in the
negative. It was clear that, the learned magistrate could have accepted the DNA evidence
notwithstanding the absence of the appellant’s clothes at the trial. The verdict was based on the
acceptance of Corporal Taylor as a reliable witness as well as the DNA evidence from the
forensic analyst’s report. It was clear that the learned magistrate accepted both. The DNA
evidence and the direct evidence from Corporal Taylor were capable of proving the charge and
had the capacity in law of supporting a conviction. In any event, in the absence of the DNA
evidence, there was ample material upon which the learned magistrate could have relied. Even if
the DNA evidence were to be disregarded, there was cogent evidence from Corporal Taylor to
show that the burden of proof placed on the prosecution was discharged and the requisite
standard of proof was met. Complaint was also directed at the lack of evidence on the taking of
swabs from the appellant’s clothes and whether they were sealed at the time of delivery to the
analyst. This, in our opinion, would not have affected the integrity of the DNA evidence. There
was nothing to show that the material from which the DNA profiles were obtained was
contaminated before it was submitted for analysis.
Montserrat
At any preliminary investigation held by a Magistrate into the facts which constitute an
indictable offence, and which may necessitate the sending on of an accused person for trial, such
Magistrate may, for the purpose of determining whether he shall dismiss the charge or send on
the accused person for trial, accept at that stage the certificate of the government chemist
purporting to be signed by him as such, as prima facie evidence of the matters therein contained,
if it is otherwise proved that the bottle or other vessel containing the food, viscera, or other
matter or thing analysed, and in respect of which the said certificate is given, had its seals, or
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other fastenings uninjured, at the time the same was delivered to the said chemist.
74 Montserrat – Evidence Act Chap. 2.08, section 3
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