Constable Noel Maitland, who has been charged with the murder of his girlfriend, Donna-lee Donaldson, was denied bail when he appeared in court. Based on arguments put forward by the prosecution there was nothing that could be put in place to prevent interference by the accused.

Court believes Maitland used police experience in attempt to conceal evidence

14 Oct 2022/Tanesha Mundle/staff Reporter 

HIGH COURT judge Justice Vinette Graham on Thursday accused Constable Noel Maitland of using his nine years of experience in the police force to assist him in covering up and getting rid of possible evidence in the murder of his girlfriend.

The lawman, who was yesterday denied bail in the Home Circuit Court, was hauled into custody on July 27 in relation to the disappearance and murder of his girlfriend, Donna-lee Donaldson. He was later charged with murder and preventing the lawful burial of a corpse.

The 24-year-old was reported missing on July 13, two days after she was last seen at Maitland’s apartment in St Andrew. Her body has not been found.

During the bail application earlier this month, the prosecution painted the defendant as a calculated killer, who plotted to cover up the murder.

In rejecting the bail application on Thursday, Justice Graham-allen recalled that the defendant’s lawyer had pointed out that the accused policeman had given the country nine years of service through the Jamaica Constabulary Force.

But, she said, “The court is of the view that the accused has used these years of service to aid him in his conduct and action in his attempt to conceal, dispose of possible evidence, and interfere with witnesses.”

The judge further explained that the court is convinced that if granted bail, Maitland could abscond, interfere with witnesses, obstruct the investigation, or reoffend.

“The prosecution has shown the alleged interference with potential witnesses.

“The prosecution has detailed the circumstances leading to the alleged murder of the deceased. Further, the prosecution has shown to the court the alleged conduct and action of the accused prior to his arrest, attempting to dispose of, and, in fact, dispose of and conceal potential evidence in this case, aided by other persons who are not before this court,” she said.

Graham-allen underscored that there were no conditions that could be implemented by the court to prevent those risks.

Acknowledging that the prosecution’s case was based on circumstantial evidence, she also noted that murder can be proven regardless of whether the victim’s body has been found.

However, she said the appellate court notes that “the circumstantial evidence must be so cogent and compelling to convince the jury that no rational hypothesis other than murder can be accounted for”.

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