Retired Forensic Expert Says Missing Gunshot Residue Cannot Rule Out Firing in 2013 St Andrew Police Killing Trial

A retired government forensic analyst told the court on Friday that finding no gunshot residue on the hands of three men shot dead by police in St Andrew in 2013 does not automatically mean the men never discharged firearms.

The point arose during cross-examination by defence lawyer John Jacobs in the murder trial involving six policemen accused in the deaths of Matthew Lee, Mark Allen and Ucliffe Dyer on Acadia Drive on January 12, 2013.

While being questioned, the witness said a number of conditions can influence whether residue is found or preserved, including movement, handling, exposure to wind and delays before evidence is properly secured.

Jacobs put it to her: “Based on the many factors, the absence of gunshot residue does not mean that somebody did not fire a gun.”

The witness answered, “That’s correct.”

She had earlier given evidence that no gunshot residue was identified on any of the three deceased men. She also said one sample linked to Dyer showed a small nitrate reading.

According to her testimony, nitrate by itself, and in the proportion detected, was not enough to confirm gunshot residue.

She further told the court that for a positive conclusion, all four elements — nitrate, barium, lead and antimony — should be present, or at least three of them.

Under additional cross-examination, the former analyst agreed that residue already present could fade or be lost if swabs or clothing were not properly secured.

Jacobs pressed the issue of how and when items reached the forensic laboratory, with particular attention to T-shirts and residue swabs marked NB6 to NB10.

The witness said the swabs came from a sergeant on January 15, 2013 in sealed envelopes, while the T-shirts were received separately on January 23 from another forensic officer.

She accepted there was a several-day gap between collection and submission for some exhibits, and agreed that poor handling or storage during that interval could affect what tests later detect.

During re-examination, prosecutor Kathy-Ann Pike sought to separate issues relating to the swabs from those concerning the T-shirts after exchanges in court about dates and labelling differences.

The analyst said the swabs arrived sealed and tagged NB6, NB7 and NB8, and that control samples were included to check for contamination during swabbing.

She also said lab testing looked for barium, lead, antimony and nitrates, but only nitrates returned positive findings in the samples examined.

When asked why no additional equipment was used to quantify detected elements, she said the lab’s standard chemical protocol at that time did not require further measurement once nitrates alone were found.

She added that gunshot residue makeup can differ based on the brand of ammunition.

The witness also testified that moving bodies from scene to hospital and later to the morgue could contribute to residue loss, especially if clothing is heavily handled.

Even so, she said residue on deceased persons would generally be expected to remain where there had not been significant handling.

The men on trial are Sergeant Simroy Mott, Corporal Donovan Fullerton, and Constables Andrew Smith, Sheldon Richards, Orandy Rose and Richard Lynch.

The policemen maintain that Lee, Allen and Dyer were killed in a shootout with police.

The case is set to continue on Monday.