By Racquel Porter
The judge who conducts the preliminary process must conduct the trial of the three Jamaica Defence Force soldiers charged with the 2010 murder of accountant Keith Clarke.
This is the ruling from the High Court following submissions by the defence and the prosecution.
The preliminary process is to determine whether the Director of Public Prosecutions can rebut the certificates of good faith issued by former minister of National Security, Peter Bunting.
Judge Vinnette Graham Allen said jurors are not required for the preliminary process.
The judge added that the Court of Appeal did not stipulate that it must be voir dire or a trial within a trial.
Justice Graham Allen noted that she has never seen this process before, adding that it is a great opportunity to establish precedent.
She said the Case Management Court will now have to look at what is required by the DPP before the trial.
The judge said she now has to prepare the case for the preliminary hearing.
The DPP is to provide and exchange rebuttal with the defence.
Corporal Odel Buckley, Lance Corporal Greg Tinglin and Private Arnold Henry, who are charged with the murder of Mr. Clarke, had their bail extended to March 23 when case management is set to continue.
The soldiers are accused of shooting the businessman 21 times inside his Kirkland Heights home in St. Andrew on July 27, 2010 during a military operation.
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