The prosecution in the Keith Clarke murder trial has been granted a request for the head of the Jamaica Defence Force, Vice Admiral Antonette Wemyss Gorman, as well as the log books for gun and ammunition in May 2010 and its keeper, to be subpoenaed.
Senior Deputy Director of Public Prosecutions Jeremy Taylor, who is leading the prosecutorial team, made the request yesterday while asking for an adjournment until Monday to facilitate the process.
Taylor informed the court that a notice had been sent to the high command regarding the production of the books and accompanying statements in relation to the production of the books, but he has not received any timeline as to when they would be available.
The request, however, was met with opposition and concerns from the defence.
Attorney-at-law Linton Gordon noted that, after a year of case management in which both parties were ordered to get all their witnesses and material together, the defence was now being told of additional statements without the name of the maker or if the statements have already been written.
“Today, we are being told there are persons to give statements; no name, no rank has been given but the court is being asked by a letter to the registrar over the long weekend for the case to be adjourned for the entire time of the week,” he added.
PHANTOM STATEMENTS
Gordon said, while the prosecution can apply to call additional witnesses any time during a trial, “The issue is that the application is being made on the strength of phantom statements. The court has not been told if the statements are available or if someone will be writing the statements regarding a 12 year-old case.”
He argued that something more concrete, structured and reliable must be put before the court.
“It cannot be that the court is being asked to accommodate what appears to be a fishing expedition and failure to prepare their case and to use the resources, including the acting head of the army who was here for a period of about five days and could have been asked or be told to provide what is needed,” he said.
“My Lord, this case was set for completion by the end of June. Are we going to go into next year?” Gordon asked.
Supporting his colleague, King’s Counsel Peter Champagnie also expressed disgust while noting that he has observed a tendency by the prosecution to have adjournments when they wish it out of open court.
He said it is important for the jury to be present and to be told why there is another adjournment, considering that the matter was recently adjourned.
Responding to the defence, Taylor said there was no plot, sinister or otherwise, to do anything outside of the hearing of the jury, and that there was no request from the Crown for the jury not to be present.
IN THE INTEREST OF JUSTICE
Furthermore, he said, “[This] trial has dynamic features. That is why we are seeking to adduce additional statements. Things arise and, rather than just leave it so the best case is not put forward in the interest of justice, we are making this application so the prosecution can put forward its best case in the interest of justice.”
Meanwhile Justice Dale Palmer, in updating the jury on the reason for the delay, sought to empathise with them in their feelings of frustration over the matter not being able to progress.
“We have lost a lot more time than we have anticipated and, as such, the court is ready to continue the matter. But, in an effort to ensure, in the interest of justice, the Crown has very reasonable opportunity to put forward before you its best case, I am prepared to give them a final week to have their witnesses ready,” he said.
Palmer also assured the jury that no further adjournment would be granted.
Lance corporals Greg Tingling and Odel Buckley and Private Arnold Henry are charged with the accountant’s May 2010 murder.
The 63 year-old accountant 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.
Clarke’s widow and daughter previously testified that they witnessed Clarke being shot while climbing down from the closet, with his back turned to the soldiers. Clarke’s daughter, Brittany, had insisted that he was shot at the window while coming down.
Both relatives had also insisted that they were home alone with Clarke when they heard sounds and thought criminals were breaking in on them.
The island’s former chief forensic pathologist had supported the account given by relatives of the businessman that he was shot while climbing down from the closet, with his back turned to the soldiers.
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