The Tribune

By LAMECH JOHNSON Tribune Staff Reporter ljohnson@tribunemedia.net THE trial of a man accused of sexually assaulting and killing a woman nearly two years ago is drawing to a conclusion, as closing statements were made yesterday. Defence attorney Ramona Farquharson-Seymour contended that the prosecution had not proven its case against 29-year-old Phillip McCartney. The prosecution alleges that on the morning of August 13, 2010, McCartney killed Chrishonda Swain, whose body was found on a track road. Mrs Farquharson-Seymour told the jury the only purported evidence against her client is an "alleged confession" and a "purported ID of Phillip McCartney's car". She asserted that identifying his car does not identify McCartney as the person responsible for the murder, and said none of the witness descriptions of the person who gave the victim a ride matched that of McCartney. According to Swains' cousins, the driver of the Mitsubishi Mirage was "five feet six to five feet eight inches tall, very fair skinned and of muscular build," she said. McCartney is "six feet six inches tall, slender built and dark skinned," Mrs Farquharson-Seymour said. She said his current fair skin was a result of his having been behind bars. The attorney said none of the witnesses identified her client, despite his "noticeable birthmark". Regarding the confession, she recalled the evidence of a prison doctor who told the court painkillers were prescribed to her client after an examination. She said this proves McCartney claim he was abused by officers armed with a bat, brass knuckles, gloves, and "bleachy water" on September 7, the day he went to pick up his car from the police station. Mrs Farquharson-Seymour said the DNA evidence did not put her client near the body of Chrishonda Swain. She said her client is innocent of the crime. Lead prosecutor Jillian Williams argued that the police performed well in their investigation considering the circumstances, and refuted suggestions the officers were not thorough or were trying to frame McCartney. "If the police wanted to frame Phillip McCartney, why not frame him from the get-go?" she asked. She noted that he was not the only suspect questioned in connection with the incident, as Jermain Ferguson and Petro Bodie were also arrested. She said their collection and sending off of DNA samples for analysis proves police took the matter seriously. Regarding the claim his confession was forced, Ms Williams said a videotape of McCartney's confession showed otherwise. She also said McCartney showed police several locations, including "where he picked up the deceased and her cousins", where he parked the car and the bushes where the body was dumped. The matter resumes today at 11am, when Justice Bernard Turner will review the evidence for the jury.