By Racquel Porter
Justice Dale Palmer is expected to rule Monday on when the trial of Tesha Miller and his 24 co-accused will begin.
The trial, which was scheduled to start on Wednesday, failed to get off the ground in the Home Circuit, after the prosecution admitted that it was not trial-ready because disclosure is incomplete and forensic evidence is outstanding.
The outstanding evidence includes cell phone forensic reports, DNA analysis and reports from the Cybercrime Forensic Communications Division related to seized mobile devices, some of which are not expected to be completed for several weeks.
Reference DNA samples from at least one witness were taken only last week, while samples from four accused remain outstanding.
The hearing had been adjourned until Friday, January 9 for officials to address the court on the way forward.
When the matter was called up the prosecutor said it wasn't that CFCD had not provided reports that have been uploaded to the case file, but reports pertaining to devices that were taken from Tesha Miller and another defendant are outstanding.
Additionally, the prosecutor said one device taken from a main witnesses is of utmost importance to the prosecution. The report could take up to 16 weeks.
Meanwhile, attorney Denise Hinson has objected to the prosecution's application to extract DNA sample from her client.
Miss Hinson argued that this would be unfair since the item had been at the laboratory for five years without a DNA profile being developed.
Responding to complaints that attorneys are barred from bringing electronic devices into correctional institutions to review evidence with their clients and take proper instructions, Commissioner of Corrections Brigadier Radgh Mason said he had not received any formal complaint.
Commissioner Mason affirmed that attorneys should not be barred.
Justice Palmer ordered that a notice be posted at the institutions making it clear that attorneys should not be barred from bringing their electronic devices into the correctional facilities.
Prosecutors alleged that the accused were members of the Clansman Gang and engaged in multiple criminal acts in St Catherine in the period August 2017 to August 2022.
The charges include murder, conspiracy to murder, attempted murder, robbery with aggravation, illegal possession of firearms, and illegal possession of ammunition.
The case spans 16 separate incidents over a five-year period and involves a potential witness list of 99 persons.
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