Court gives green light for blood samples in incest case

Two brothers accused of incest by their niece have lost a bid to prevent police from taking their blood for DNA testing

NASSAU-The Court of Appeal has given police the green light to take blood samples from two brothers accused of incest.

The complainant on June 4, 2020 made an official complaint police against her uncles alleging that they raped her at age 15. There is no statute of limitations for felonies.

The woman, now 38, alleged that she had a child as a result of the incestuous relationship.

Police arrested and questioned the men regarding the complaint, and they denied the allegations.

During the investigation into the matter, police obtained an order from Magistrate Kara Turnquest-Deveaux on June 14, 2020, authorizing police to take blood samples for DNA testing to either confirm or disprove the claim of incest.

Both men contested the magistrate’s order permitting the drawing of blood: one to the Court of Appeal, the other to the Supreme Court.

A Supreme Court judge dismissed a constitutional motion made by one of the men seeking a stay. It was refused.

In delivering the decision of the Court, Justice of Appeal Jon Isaacs said, “In my view, it is not competent for a Justice of the Supreme Court to injunct the police from investigating allegations of crime without the clearest evidence that such actions by police has involved egregious behavior that violates not only their codes of conduct but the consciousness of all right minded persons in society.”

The other brother filed an appeal against the magistrate’s order, arguing that there was no evidence to sustain the decision.

However, the Court of Appeal did not agree and dismissed his appeal too.