Terrence Williams, former commissioner of the Independent Commission of Investigations (INDECOM), yesterday testified that when he left the post in 2020, the nearly 10-year-old request for the Jamaica Defence Force (JDF) to turn over the firearms and ammunition log books to the commission had still not been acted on.
Williams, the final witness for the prosecution in the Keith Clarke murder trial, testified that he requested the books in December 2010, two months after INDECOM commenced an investigation into the May 2010 murder of the 64-year-old accountant.
Williams said he wanted to have the books taken out of circulation so that they could be available as exhibits if the matter went to court and would be the primary source of proving the issuing of the firearm and ammunition.
However, an officer from the JDF, Captain Kevin White, second in command at the Special Activities Regiment Unit, recently testified that the log book for May 2010 cannot be located.
White, however, disclosed that he had been able to locate a series of dispatch books covering the period from early 2004 to early 2010 and those covering the period 2016-2020.
At the same time, the officer said he was not given an explanation for why the documents were missing.
Additionally, the trial heard that the police were also having difficulty locating the former JDF soldier who was the record keeper during the period in question.
However, the witness was unable to recall the specific months for 2010.
Continuing his evidence, the witness testified that he had also requested the statement of the officer who was responsible for the log books and that the statement was produced and submitted.
He said similar requests were made for photocopies of the log books as well as entries relating to the issuance of firearms and ammunition pertaining to the soldiers who were present in Clarke’s master bedroom during the shooting and had received the latter.
Williams also testified that when the commission took over the investigation, the Bureau of Special Investigation (BSI), which had been probing the murder, turned over all the files and statements to INDECOM.
ANONYMISING SOLDIERS INVOLVED
Asked by lead prosecutor Jeremy Taylor if he was aware that the JDF had sought to anonymise the soldiers allegedly involved, Williams said he was aware.
Explaining, he said, “I notice where a statement would normally have names there were numbers, and there was a letter addressed to myself [and] to the BSI explaining this replacement of names with numbers and ascribing the correct name to the particular number.”
Williams, during his evidence, identified three documents that were received with a letter anonymising the soldiers, including a list of the numbers ascribed to those names.
However, attempts made by the prosecution to have those documents admitted into evidence were unsuccessful after the defence objected on the basis that the then legal officer from the JDF, who had sent the document with the list, testified that he was not the creator and could not identify its source.
Meanwhile, the Crown, after closing its case yesterday, expressed alarm at the defence’s request for an adjournment until Monday in order to prepare and finalise submissions in law that it intends to make.
The defence last Friday expressed concern over the protracted length of the trial while urging Justice Dale Palmer to use his authority to put an end to the frequent adjournments.
Consequently, Taylor pointed out that he could not help but notice that the defence, who last week quoted the civil procedure rule and made an issue about the length of the trial, was now asking for an adjournment when the Crown had indicated that its case was drawing to a close.
“I am surprised and I am horrified that those who have said we dragged out the trial are now seeking an adjournment until Monday. Just an observation. I am in the court’s hand,” he said.
The judge, in acceding to the defence’s request, however, questioned why the matter could not be dealt with on Friday since the jury would not be present. However, the defence insisted that it would need until Monday to adequately prepare its submission. Additionally, King’s Counsel Peter Champagnie indicated that he would be out of the jurisdiction on Friday and would not be available.
As a result, the defence was given until Monday, and the jury was instructed to return to court on Tuesday.
Clarke was shot 25 times inside his master bedroom at his Kirkland Close, St Andrew, home on May 27, 2010, during a police-military operation to apprehend then-fugitive drug lord Christopher ‘Dudus’ Coke.
Lance Corporals Greg Tingling and Odel Buckley and Private Arnold Henry were subsequently charged with murder and are on trial in the Home Circuit Court.
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