D-Day for Tommy Lee Sparta - Judge to rule if artiste has case to answer

Today could be likened to judgement day for dancehall entertainer Tommy Lee Sparta and his co-accused O’Brian Smith, as the Trial Judge Carolyn Tie is set to hand down her ruling in the lottery scam trial.

Tie yesterday informed the court that she would make a ruling after a no case submission was made by defence attorney Ernest Smith.

This, after the crown, steered by prosecution attorney Sophia Thomas, had closed their case against both accused.

SOLE POSSESSION

In making his submission, Smith told the court: “The prosecution having closed its case, I intend to submit that neither of these men be called to answer the indictment. In an effort to prove its case, the prosecution has placed its life on the contents of a laptop and external hard drive. My lady, in the first instance the prosecution must prove that on the gadgets on which they rely, were in the sole possession of either or both accused, individually or jointly.”

He continued: “From the outset, it became blatantly clear that numerous persons had access to these gadgets. If I’m to use the forensic phrase, I would say there was a multiplicity of users in respect of these gadgets ... The prosecution has never said that these two men put the evidence on the computers. Where is the evidence that even one phone call was made to any of these persons with the intent to defraud?”

Smith was also concerned that while the accused men were in custody, the evidence showed that the devices were accessed on February 4, 2014. 

In concluding, Smith also said the prosecution was confused because they were two indictments printed, one he claimed to have only seen yesterday in court.

Thomas, in addressing the no case submission said: “The defence has said that the crown has not proved the authenticity of the items found on the devices, but the prosecution is not required by law to prove. The prosecution is not required to prove that the document the court has seen really came from the FBI, or the men standing beside the Benz are real ...”

She also told the court that the integrity of both devices remain intact.

Tommy Lee Sparta, whose given name is Leroy Russell, is jointly charged with O’Brian Smith for possession of identity information.
Russell is also charged separately for unlawful use of premises.