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Clansman Gang Trial | Prosecution makes closing address

Published:Tuesday | July 26, 2022 | 4:10 PM
The trial is being heard in the Home Circuit Court.

The prosecution in the Clansman-One Don Gang trial today charged that no evidence was led to establish the accuracy of the detention data that was submitted to the court from the Spanish Town Police Station and the Horizon Adult Remand Centre.

Data pertaining to the detention and or release of four of the defendants were admitted into evidence after the prosecution and the defence agreed to accept the information as facts.

The data, which was requested by the defendants, was used to establish that they had been in custody on dates when they were accused of being involved in shootings or were spotted by the prosecution's witness.

However, the Crown, in its closing argument today, submitted that no evidence was led to establish the accuracy of the data.

The prosecutor also pointed out that the data was scattered across several books and in some instances, the maker of the entries could not be identified.

Lawyers for the defendants yesterday argued that it was impossible for their clients to have committed the acts for which they are accused when the data showed that they were in jail.

In one of the instances, defendant Tareek James is accused of murdering a bus driver on November 15, 2017, but the data showed that he was in prison.

But, the prosecutor maintained that James committed that murder while admitting that there was a discrepancy with the date of the incident, as noted in the indictment, and the actual date of the alleged murder.

According to the prosecutor, two cops had testified that the alleged incident occurred on November 7 and that the scene was processed on that date.

Interestingly, according to prison records, James was detained on that same date and has remained in custody since.

The prosecution also asked Chief Justice Bryan Sykes to reject the defendants' statements that they are law-abiding and productive members of society and are not gang members.

It was argued that the judge should instead accept the evidence of their two ex-cronies, who are the prosecution's two main witnesses.

Unsworn and sworn statements

The prosecutor also submitted that the defendants' unsworn and sworn evidence should not be accepted as credible.

He cited defendant Roel Taylor at whose workshop a rifle and 10 rounds of ammunition were allegedly found and further asked the judge not to accept him as a witness of truth.

According to testimony from a police witness and evidence given by Taylor's partner, the police had taken him to his shop and found the weapon after a search.

However, Taylor, in his unsworn statement, stated that the police had left him in his house when they went to his shop.

But, the Crown has asked the judge to accept that Taylor's character witness has corroborated the police's version.

Secret recordings

The prosecution, in the meantime, has also urged the judge to accept the secret recorded conversations as relevant evidence.

The prosecution argued that the judge, in evaluating the evidence, must also accept that the witness was familiar with the defendants and had a close relationship with them, and based on that familiarity, was able to accurately identify their voices.

The prosecutor also asked the judge to consider that some of the defendants had self-identified on the recordings.

At the same time, the prosecution also urged the judge to bear in mind that the former top-tier gangster, who became a prosecution witness, went to the police on his own volition and because of the information he provided, the constabulary force was able to launch an extensive investigation.

The prosecutor said that the witness provided the police with details about the alleged gang, its activities, the names of alleged members as well as voice recordings.

Additionally, the Crown asked the judge to accept its earlier argument made during the no-case submission, which was that it has presented sufficient evidence to prove beyond a reasonable ground that the defendants were a part of a criminal enterprise that committed murders, shootings and arson between 2015 to 2019 and was also involved in gun transactions.

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