The lead investigator in the Everton “Beachy Stout” McDonald and Oscar Barnes murder trial revealed on Tuesday that no records were made in any station diary or storeroom register at the police’s Major Investigations Division (MID) offices in Kingston regarding a cellular phone which allegedly taped more than 100 controversial phone conversations between McDonald and another man.
Two of five attorneys representing McDonald in the trial in the Home Circuit Court in downtown Kingston, fired some tough questions at the investigator, who is a detective sergeant assigned to the MID.
Attorney, John Jacobs was first to start the ball rolling on Tuesday when the trial resumed following the Christmas break.
Jacobs tackled the detective, telling him that the reason no record was made in an official station diary of a Samsung cellular phone was because it did not exist.
The cop responded, telling Jacobs, that his claim that the phone never existed was not accurate.
“At MID, I usually use the station diary, the storeroom register and the exhibit register. The storeroom is used to store items while the exhibit register is used to record items in custody that are potential exhibits. Based on the risk assessment and the sensitive nature, nothing was logged in relation to the phone. When we go on scenes and seize items, we usually record the things that are found, but nothing was logged in respect of this,” the lead investigator said, telling the seven-member jury, Judge Chester Stamp, defence attorneys and others in the courtroom that he received that directive from his supervisor who had instructed that no records should be made of the phone in any log book.
“Recording in diaries is usually best practice. These are sensitive information and based on the risk assessment and the sensitivity of the investigations, those instructions were given. This was for the safety of the members of MID and to protect the integrity of the exhibits. It was also done to control the information. I recorded information about the case in my notebook, and that was the only place information about the phone was recorded. The phone existed before the trial started but I only mentioned it in a statement when the trial started and I had completed my investigation in this matter,” the cop added.
The other man who is said to be on the recordings with McDonald is Denvalyn “Bubbla” Minott, who is currently serving a 19-year and 10-month prison sentence for being the contractor in the July 20, 2020 murder of Tonia McDonald in Portland.
Tonia, who was McDonald’s second wife, was found lifeless on the main road in Sherwood Forest, Portland.
She was found beside a razed Toyota Axio motorcar which she was driving on the day of the murder. Her body was partially burnt, had multiple stab wounds and her throat slashed.
Bubbla, the confessed contractor, alleged that he was hired by Beachy Stout for a sum of $3 million to kill Tonia, who was suspected of entertaining multiple men in sexual relationships, which allegedly did not sit well with the businessman who was concerned that his reputation was being tarnished by his wife.
Minott, who turned prosecution witness, alleged that after the $3-million offer was made to him, he sub-contracted the murder to Oscar Barnes, who he claimed was the one who actually killed Tonia.
According to Minott, neither he nor Barnes received any of the money that was allegedly promised.
During his testimony earlier in the trial in 2023, Minott said that after the murder he pressed Beachy Stout for the money, but the businessman allegedly asked him if he thought that it was so easy to come by $3 million.
Minott told the court that he acquired a Samsung A31 cellular phone with a memory card in it and said that after a call conversation with Beachy Stout, he went into the phone and found an audio file. He told the court that when he played it, it was the same conversation he had just had with Beachy Stout that was recorded. He told the court during his testimony that although he is illiterate, he subsequently managed to record more than 120 conversations with the businessman and saved them under the file name Vybz Kartel so if the device was found, people would believe it was music from the incarcerated Dancehall deejay Vybz Kartel.
Minott also told the court that he secured the phone and the recordings with a passcode that he selected.
On Tuesday, Jacobs quizzed the detective about a question and answer session he had with Minott about the phone and why at no point in that session was any mention made about the phone, even though the cop said the phone was in the possession of the police when the question and answer session was being conducted.
The cop had a challenge recalling the exact date when he said he received the phone.
“When I was questioning Mr Minott, I knew about the phone already. I had the phone in my possession on August 3, 2020 and I was told things about the phone by a colleague. In the 125 questions, nowhere in the document did I ask him anything about a blue phone,” the cop said.
He told the court, too, that he had no idea if the phone was tampered with. He said from what he could recall, Minot used his thumb print to unlock the phone. However, when Minott was on the witness stand last year he told the court that he locked the phone using passcode 3456.
Jacobs put it to the detective that there was indeed a passcode for phone.
The cop responded saying, “It is possible, but I didn’t see him use a password. Between August 3, 2020 and October 8, 2020, Minott had only one interaction with the phone which was already in the custody of a detective constable. I did not create a password for any phone, not even my phone, and I don’t know if it was tampered with to create a password.”
Jacobs asked the witness a few more questions before paving the way for attorney Christopher Townsend to attempt to punch holes in the policeman’s testimony.
Along with Jacobs and Townsend, Earl Hamilton, Ryan Jon-Paul Hamilton and Courtney Rowe are representing Beachy Stout.
Barnes is being represented by Earnest Davis and Vincent Wellesley.
The trial continues today, when Davis and Wellesley are expected to question the detective.
