Two outstanding pieces of disclosure evidence related to CCTV and DNA results have prevented a North Side man from entering pleas in a double-murder case.
Appearing via video link in the Grand Court on Friday, 25 Nov., Wayne Bellafonte Jr. listened as his attorney explained that they could not proceed with the trial because of the missing evidence.
“We are still awaiting the DNA results from the car which police say was used during the commission of the shooting, and there is additional CCTV evidence which we are not in possession of,” explained Lee Halliday Davis, Bellafonte’s lawyer. “Because of this, it would not be proper for me to instruct my client at this time.”
Prosecutor Scott Wainwright told the court that he was aware of the defence counsel’s desire to see an adjournment and that he was not opposed to the case moving to the next mention listing in December.
“The prosecution is in a place to move forward and we were in a position to have pleas entered, and the matter progressed,” said Wainwright, who said he would provide the missing pieces of disclosure by the end of that day.
Bellafonte faces two counts of murder in relation to the shooting deaths of Mark Andre Ebanks, 36, and Eldon Walton, 55, who were shot on 1 July 2021 outside the then Globe Bar on Martin Drive, George Town.
Bellafonte also faces another count of attempted murder and one count of possession of an unlicensed firearm.
Attempted murder trial also delayed
Also appearing before the Grand Court on Friday was Luisto Eusebio Hernandez, who was been charged with a single count of attempted murder and possession of an unlicensed firearm.
Hernandez, who is still awaiting a decision on a legal aid application, found himself in a similar position of a lack of disclosure.
“I am in possession of a set of papers but given the seriousness of the charges there is no way that that is all the disclosure,” said Jonathon Hughes, Hernandez’s attorney. “And, in any event we would not have been able to proceed because we still do not have legal aid in place.”
Hernandez has been charged in relation to a shooting at an address in Windsor Park in April this year.
He was apprehended by police last month after being on the run for six months.
Justice Cheryll Richards, who presided over the Grand Court mentions hearing, remanded Bellafonte and Hernandez into custody. Both men are next due before the court in December.
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