Defence attorney Sherfield Bowen will ask the High Court to dismiss the murder charge against Delano Forbes, arguing the prosecution has not presented enough evidence to warrant a defence.
Justice Ann Marie Smith will rule on the no-case submission on Dec. 11. If granted, Forbes will be acquitted of the 2018 killing of post office worker Maurison Thomas.
The prosecution closed after calling about a dozen witnesses, but key evidence — including a wallet several witnesses said was found on Forbes when he was captured — could not be produced in court. Crime scene photos also showed ID cards next to Thomas’s body, raising questions about how they could have been recovered from Forbes later.
A forensic officer admitted to several investigative failures, including not fingerprinting the suspected murder weapon or preparing a crime scene diagram.
Prosecutors argued that an army-coloured hoodie seen on a fleeing suspect matched one found when police arrested Forbes weeks later, along with items identified as Thomas’s. Video footage also showed a man resembling Forbes searching a bag linked to the victim.
Forbes, 31, is also charged in three other murder cases from 2017 and 2018.
