Keith Clarke murder trial to begin on April 29

The trial judge rejected a request by the defence to delay the trial pending their appeal against a recent ruling. 

 

The defence is appealing Justice Palmer's April 3 ruling that Lance Corporals Greg Tingling and Odel Buckley, as well as Private Arnold Henry, should stand trial following a voir dire, ordered by the Court of Appeal to determine whether the Director of Public Prosecutions could rebut their immunity certificates.

 

Before the refusal of the request to stay the trial, there was a passionate exchange between the defence and the crown.

 

It all started when King's Counsel Valerie Neita-Robertson told the court that documents were filed in the Appeal Court on Monday morning.

 

Responding to the request, DPP Paula Llewellyn said there was no stay from the Court of Appeal except for information she received that Mrs. Neita  Robertson's junior was sighted on the compound.

 

She then accused the soldiers' legal team of being cold and calculated.

 

The DPP described the attorneys' actions as frivolous, vexatious and an abuse of process.

 

But Mrs. Neita-Robertson objected: "My Lord, I take objections to these slurs being directed to defence counsel. We are counsel, My Lord. We are counsel. Ms. Llewellyn must stop this nonsense. In any event, she addressed you, I spoke to you, she speaks about the jury and she is giving you another address.... When is fairness going to be recognised by all stakeholders?"

 

The DPP withdrew the words 'cold' and 'calculated'.

 

Noting that the prosecution's witnesses were in court, Ms. Llewellyn said it cannot be that fairness is only for the accuse given the fact that it was not the first time the crown was trying to commence the matter.

 

Mrs. Neita-Robertson explained that she received the written judgment on April 9, and needed time to prepare the appeal as a case of this nature was new in this jurisdiction.

 

She pointed out that in any event, the trial could not start today as there is a shortage of jurors.

 

Ms. Llewellyn admitted that while the prosecution was informed that only 18 jurors were present, steps are being taken to have more jurors.

 

She said the matter could proceed either way with the arraignment.

 

After listening to both sides, at 11:23 a.m., Justice Palmer adjourned the hearing until midday to consider the request.

 

When he returned at 12:23 p.m., he denied the request, stating that there is no basis to grant the stay.

 

That was when the DDP was served with a copy of the document that was filed by the defence on Monday morning.

 

Businessman Keith Clarke was shot 21 times inside his Kirkland Heights home in St. Andrew on March 27, 2010, during a police-military operation to apprehend then fugitive drug lord Christopher 'Dudus' Coke.