THE hearing of evidence in the Keith Clarke murder trial in the Home Circuit Court in Kingston was again stalled on Wednesday, this time because of the illness of a key witness.
Trial judge Justice Dale Palmer was adamant, however, that the matter must proceed come Monday.
“I must say that I am so disappointed that we are unable to start. The seriousness of that illness is certainly more than initially thought. We have been given assurance that the transcripts will be ready by the weekend. I was firmly of the view we could have commenced with the doctor’s evidence. While I may not have necessarily taken the view that we would have been adversely affected, if this is the state he is in, we really want to have an update with regards to that witness so that we can proceed,” Justice Palmer said.
He added that with the prosecution and defence agreeing on certain documents, he was satisfied that the trial can wrap up in four weeks after it gets underway on Monday.
Accountant Keith Clarke was shot and killed at his home in May 2010 by members of the Jamaica Defence Force (JDF) who were in search of then fugitive, Christopher “Dudus” Coke.
In 2012, three members of the JDF were charged with Clarke’s murder. Since then, there have been constant delays in the courts which have prevented the case from being tried by a jury since that time.
The three members of the JDF now on trial are lance corporals Greg Tingling and Odel Buckley as well as private Arnold Henry.
In order to save time in the matter, Justice Palmer has already given guidance to members of the seven-member jury, through certain formalities, including the selection of the jury foreperson.
“What I propose is that we get started with the initial formalities and that the Crown readies itself. After this adjournment, barring complaints which are unforseen, no further adjournments will be granted when we start on Monday morning. We will proceed one way or the other. Have the transcripts ready,” Palmer said.
Last week when the defence team representing the soldiers applied for a stay of the proceedings, prosecutor Latoya Bernard urged Justice Palmer not to grant the request as she said the prosecution was ready to start the trial.
“The matter is to proceed. On the last occasion we were here we indicated certain difficulties in relation to witnesses if the matter doesn’t start today. The matter has been before the court for 12 years and we have been ready,” Bernard said last week.
However, prosecutor Yannick Forbes sang a different tune on Wednesday, telling the court that the medical condition of the witness was not a simple one.
“The witness, as we understand it, actually has a bloodclot in the brain and in those circumstances we are unable to proceed with his evidence, certainly until we receive a comprehensive medical report with respect to that witness. We only knew of that Tuesday afternoon when we were about to interview that witness; therefore, it is that situation which arose yesterday which has placed us in this position. If we are forced to proceed otherwise, it would take away from the foundation which we find is important to to be led with respect to this matter. It is in those circumstances why we have asked for the adjournment. I spoke to my learned friends with respect this and other factors,” he said.
This prompted Judge Palmer to adjourn the matter until Monday.
Said he: “Ladies and gentlemen of the jury, I spoke of administrative issues that resulted in our late start this afternoon, among them was the availability of one of the Crown’s witnesses who unfortunately is ill. Regrettably, because of those issues, we will not be able to commence with hearing evidence in this matter until Monday. I have to give consideration to you as jurors for your time, rather than to have you lose time waiting on witnesses or for the court to be available given its own constraints. When we get started, the prosecution will start the matter with an opening address. You are not to come to any final view in the matter until you have had all the evidence. It is everything taken together that will enable you to make a decision. The process you are now involved in is exceedingly serious. Justice can only be dispensed with the assistance of a jury. Justice does not mean finding someone not guilty if you satisfied so that you are sure that there is evidence to prove it.”
