Justice Marlene Carter has retired to consider evidence in the Odain Ebanks trial and will deliver a verdict on October 12. Before she did, she heard from defense attorney, Amelia Fosuhene. On Thursday, Ms. Fosuhene disputed how her client’s DNA evidence was found on the steering wheel of the getaway car and a pepper spray canister, both used in the Czech Inn robbery on March 3rd.
She pointed out that it could have been tansfered through secondary contact, as attested to by her DNA expert’s report.
Lead prosecutor, Patrick Moran, had said in his closing arguments Wednesday, DNA evidence placed Mr. Ebanks in the vehicle.
Miss Fosuhene also argued that Czech Inn Grill owner, Jiri Zitterbart’s eyewitness evidence was unreliable, given that he described the second robber as 5′ 1” and “light-skinned”, which she said was not her client.
Ms. Fosuhene says it is possible that Santos Antonia Mayorquin may have been mistaken about her times. The witness said she called her daughter, Myra on March 3rd around 11 and she saw Mr. Ebanks in the background at one point during their Whatsapp video.
Miss Mayorquin also said she and Myra went to church earlier that night … and her daughter’s car was left parked at her Rockhole home.
But the crown’s Automatic Number Plate Recognition System pulled from Myra’s car showed otherwise.
Ms. Fosuhene told Justice Carter that if Mr. Ebanks could not be placed on the scene by eyewitnesses, or the police, then relying on DNA evidence alone could be dangerous.
Mr. Ebanks himself testified he and girlfriend were at home all day on March 3rd. She was not brought as a witness.
Mr. Ebanks is facing four charges, including robbery and three firearm related offences.
Ms. Fosuhene also reminded the court to consider that a DNA sample from an as yet unidentified person was also found in the getaway vehicle.