Keith Clarke
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By Racquel Porter
Trial judge, Justice Dale Palmer, who is presiding over the case involving three soldiers charged with the May 2010 murder of Keith Clarke, on Wednesday declared that he will not allow any further delays in the over a decade matter.
Justice Palmer made the declaration Wednesday afternoon in the Home Circuit Court after reluctantly yielding to the Crown's application to a further delay in the hearing of evidence against the soldiers, Lance Corporals Greg Tingling and Odel Buckley, as well as Private Arnold Henry.
The trial, which began Tuesday with the empanelling of the jury, was slated to continue Wednesday morning with the calling of witnesses.
But about 11 o'clock a perplexed Justice Palmer rejected the Crown's application for the matter to be adjourned until Monday.
Almost an hour later he back-pedalled on his decision after the prosecution disclosed one of the witnesses had a medical issue.
Prior to Justice Palmer's rejection, the prosecution said it had challenges with the availability of the transcript for Mr. Clarke's widow, Dr. Claudette Clarke.
The transcript is of Dr. Clarke's evidence which was given at a hearing that concluded last month.
The prosecution said its intention was to start with Dr. Clarke's testimony to facilitate a smooth trial.
The prosecutor explained that it would be prudent to delay the trial as the defence had indicated that it required the transcript to conduct cross-examination.
The prosecution said its other option was to call two other witnesses.
But that plan failed because one of the witnesses has a medical issue, while another potential witness requires a subpoena to appear.
Justice Palmer said he was surprised by the application given the fact that the Crown during the previous sitting maintained that it was ready to start.
Rejecting the application, the judge pointed out that two witnesses were present and that the Crown could start with one of them or with Dr. Clarke's testimony.
But the judge stood down the matter for more than 30 minutes to determine how the hearing would proceed.
When the matter resumed, the prosecutor told the court that the witness who had the medical issue actually has a blood clot in the brain and that the prosecution would be unable to proceed.
The judge in response said he was disappointed, but given the circumstances he reluctantly granted the adjournment.
He said there will be no further adjournment come Monday.
Keith Clarke was fatally shot at his Kirkland Close residence on March 27, 2010, during a police-military operation to apprehend then fugitive drug lord Christopher 'Dudus' Coke.
The prosecution has said despite the delay, the murder trial which was slated to last six weeks, is now estimated to last four weeks or less.
The prosecutor explained that the defence has agreed on documents and that will save time.
In the meantime, King's Counsel Peter Champagnie said he understands the Crown's position.
Mr. Champagnie said a letter that was drafted in relation to having the transcripts this weekend is in the process of being delivered.
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