Keith Clarke
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Former Deputy Director of Public Prosecutions Adley Duncan
By Racquel Porter
The way is now clear for the trial of three soldiers charged with the killing accountant Keith Clarke in 2010, after the Court of Appeal struck down a ruling of the Constitutional Court.
The Constitutional Court had ruled that the certificates of immunity issued to Corporal Odel Buckley, Lance Corporal Greg Tinglin and Private Arnold Henry, who are accused of killing the businessman, were invalid.
But the Appellete Court has ruled that the impact of the Good Faith Certificates issued in 2016, by then Minister of National Security Peter Bunting, is to be decided by the trial judge.
The soldiers are charged with the murder of the businessman at his St. Andrew home.
The full court has ordered that the criminal trial initiated by virtue of the Voluntary Bill of Indictment originally issued in July 2012 by the Director of Public Prosecutions should be restored to the trial list and be permitted to continue.
The trial is to be preceded, before arraignment, by a process in the nature of a voir dire, or trial within a trial, conducted by a judge, without a jury, to determine whether the Director of Public Prosecutions can rebut the certificates of good faith issued by the minister.
The preliminary process shall be conducted by the taking of viva voce (oral) evidence, with statements and/or affidavits to be filed and exchanged in advance.
Speaking with Radio Jamaica News following Friday's judgment, former Deputy Director of Public Prosecutions Adley Duncan said the ruling vindicates the DPP's position when the good faith certificates were first presented in court.
He said Mr. Clarke's family can now breathe a sigh of relief that the trial can proceed.
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