Clansman Gang Trial | Police inspector grilled on why ex-gangster was not charged

A police inspector who was in charge of the team that investigated the Clansman-One Don Gang case was today unable to shed light on why the prosecution's second witness, who is a former member, was never charged.

According to the senior officer, who supported and supervised the investigation, the decision not to charge the ex-gangster was taken at "another level.

The police witness was grilled by senior counsel, Lloyd McFarlane, about the decision during cross-examination in the Home Circuit Court.

The presiding judge Chief Justice Bryan Sykes also intervened on the attorney's behalf in a bid to get information on what he described as "a great mystery" surrounding the decision not to charge the ex-gangster, who had confessed to being involved in serious crimes including murders, extortion and possession of illegal firearm and ammunition.

"What caused him to maintain his uncharged status? Not even a caution, not even to say 'thank you for your information but if you want to be in the team you have to be charged'," he asked.

Noting that the police must have accepted the ex-gangster's account, the judge further asked why he was not charged even with a minor offence or charged and given a plea deal.

But, the inspector said, "I can't answer.”

When asked if his answer was a refusal or an inability, the police witness explained that the decision was made after he had sought advice from his senior and legal team.

He said adding the decision not to charge was made at a higher level.

The judge then asked the police witness if he was told about the reasons.

He replied saying while discussions were had about the case, he cannot speak to the reason at this time.

Sykes further asked the witness to explain why one of the ex-gangster's colleagues, who is also a prosecution witness, was charged while he was "free as a bird" and "sleeping sound at night".

"Even today you can't shed any light?" The judge asked.

"That is so my Lord," he answered.

Earlier during questioning from McFarlane, the inspector admitted that when he had met and spoken with the ex-gangster he had never cautioned him.

He also agreed that he had instructed the lead investigator to take a witness statement from the ex-gangster but denied that when he gave that instruction a decision had already been taken to not charge the witness.

"There was no information that I had at the time to say he was anything other than a witness," he said.

According to the inspector, initially, he was not aware that the witness was deeply involved in serious crimes.

He said he found out after reading portions of his statement.

But, despite coming to that awareness, he said he was not the one who made the decision for him not to be charged.

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