Keith Clarke trial delayed until tomorrow
Published:Tuesday | October 15, 2024 | 12:09 AMTanesha Mundle/Staff Reporter
The trial against the three Jamaica Defence Force (JDF) soldiers charged with the murder of Keith Clarke was yesterday forced to adjourn until tomorrow, because of a medical emergency impacting one of the defence lawyers.
Lance corporals Greg Tingling and Odel Buckley and Private Arnold Henry are charged with the accountant’s May 27, 2010 murder.
The 63 year-old accountant was shot 21 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.
The trial was scheduled to resume on Monday with King’s Counsel (KC) Valerie Neita-Robertson continuing her cross-examination of Taneisha Wisdom-Banton, former acting director for complaints and investigation at the Independent Commission of Investigations (INDECOM).
However, the court was informed that Neita Robertson could not attend court as she was at the doctor’s with a medical emergency.
Her colleague KC, Peter Champagnie, in advising the court of the situation and asking for the adjournment, said the defence would prefer to have Neita-Robertson continue her cross-examination instead of having it done in a disjointed manner.
However, he said, based on information received from Neita-Robertson’s junior, John Mark Reid, an assessment would have to be done to determine when she will be able to return. If she is not available on Wednesday, he said, he would prepare himself to continue on her behalf.
“It is undesirable that these adjournments be sought but ... we have no control over health,” he said while apologising to the court and jury.
Justice Dale Palmer, in his address to the jury, conveyed his disappointment that the matter had to be delayed yet again but noted that illness was not something that one could adequately plan for.
“This matter has gone way beyond the period that the court had been advised and that I, in turn, advised you. So, with every delay, I grow increasingly concerned about not just the time that is being spent and the inconvenience to you but the unusual length of time in this matter because of the nature of this matter,” he said.
However, the judge said he accepted Champagnie’s promise to continue the matter if his colleague is unable to resume on Wednesday.
Additionally, he noted that, although Neita-Robertson has a junior, Tingling, who she represents, has a right to have the representation of the counsel of his choice.
Last Monday, during Neita-Robertson’s cross-examination of Wisdom-Banton, the matter was also forced to break after the witness disclosed that she had given two statements in relation to her investigation of the matter, which the defence indicated were never disclosed to them.
However, lead prosecutor, Senior Deputy Director of Public Prosecutions Jeremy Taylor, had informed the court that the documents were disclosed but promised that the Crown would do a search and serve the documents again.
Rehashing the matter yesterday, Taylor told the court that, having checked their record, the statements were disclosed and the records were provided to the court and defence.
“ We have disclosed everything even more than once, My Lord. So we wish to be placed on the record that everything has been served on the defence,” he added.