A man who is facing a murder charge is puzzled that his case is proceeding in court although the sole eyewitness cannot be found.

He disclosed that he was arrested and charged in 2007 and went to court several times until he was granted bail.

"I am innocent of the charge; the person who said he saw when I shot his cousin is telling lies," the man said.

jealousy

"The so-called witness told a lie on me because both of us were having an affair with the same woman. It was because of jealousy why he said I shot his cousin, whom I did not even know. After I discovered that the woman was cheating on me, I told her I was going to end the relationship if she continued seeing the other man." She told him that she loved me and she was not going to continue the relationship with him.

The witness used the opportunity of his cousin's death to say I committed the crime. I cannot believe that someone can be so cruel to another human being.

gone missing

"Now the man who told the vicious lie has gone missing. The last time I went to court I heard the police telling the court that attempts were made to locate him but he cannot be found.

"I thought the obvious thing was that I would be freed immediately since the witness cannot be found but, to my surprise, I heard the prosecutor saying in court that the trial was still proceeding and I was given another date to return to court. I really don't see where the evidence will come from, since the witness cannot be found."

You should ask your lawyer to explain the situation to you. There is provision in law for the statement of a witness to be tendered in evidence and read to the jury in circumstances such as in your case where the witness cannot be found, has died/been murdered or has gone abroad.

Section 31 (D) of The Evidence (Amendment) Act states that: a statement made by a person in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence by him would be admissible if it is proved to the satisfaction of the court that such a person:

a) Is dead

b) Is unfit, by reason of his bodily or mental condition, to attend as a witness

c) Is outside of Jamaica and it is not reasonably practicable to secure his attendance

d) Cannot be found after all reasonable steps have been taken to find him

e) Is kept away from the proceedings by threats of bodily harm and no reasonable steps can be taken to protect the person.