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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

                                                                                              74
               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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