A lengthy exchange ensued yesterday between Senior Puisne Judge Marva McInthosh and defence lawyer Dr Randolph Williams when he disclosed that he was not aware that a footwear expert was to testify today. Williams is representing 28-year-old Lennox Swaby, who is one of the two men charged with the murder of Manchester couple Richard and Julia Lyn.

The other accused is 26-year-old Calvin Powell.

Prosecutors Lisa Palmer Hamilton and Claudette Thompson told the court that the defence had been informed weeks ago, about the expert witness who was coming from overseas.

The judge told Williams that perhaps he had not been listening because weeks ago, the situation involving the expert was outlined to the court.

Williams said he consulted an expert to give him an opinion but he was told last week Friday that the expert was off the island and would not be available before December 3.

The judge stressed that the case was not going to be adjourned until December 3 or go into Christmas.

'Expert is here'

"Amen!" was overheard coming from the jury box. The judge said Williams had adequate notice. "The expert is here; the case has to go on."

Attorney-at-law William Hines, who is appearing with Williams, indicated to the court that he had not heard the information in relation to the expert.

"You cannot have two persons here and neither of them is hearing," the judge remarked.

Williams said he needed to get the opinion from his expert to analyse it so as to assist him in cross-examining the expert.

"Fairness is a critical issue," Williams remarked.

"You must be fair to us," the judge said, pointing out that fairness was not only for one side.

Yesterday, Detective Inspector George Williams tendered in evidence a pair of shoes that he took from Swaby's feet on December 16, 2006.

The footwear expert is to testify today and make a comparison with the shoe print that was lifted at the murder scene and the pair of shoes that was allegedly taken from Swaby.

barbara.gayle@gleanerjm.com