Keith Clarke
By Racquel Porter
High Court Judge Justice Dale Palmer has ruled that the three soldiers charged in connection with the May 2010 shooting death of businessman Keith Clarke have no case to answer.
Lance corporals Greg Tingling, Odel Buckley, and Private Arnold Henry, have been on trial since May.
Justice Dale Palmer instructed jurors to return a not guilty verdict on Thursday morning.
Addressing the jury panel comprising three men and four women, Justice Palmer explained that despite calling Jamaica Defence Force officials, the evidence as it relates to identification is below the standard for him to call upon the defence to answer.
The judge explained further that bits of the evidence have fallen short of the legal standard.
Earlier, Justice Palmer said he found it remarkable that two of the most senior JDF members could not assist in determining the identity of the soldiers who carried out the shooting.
On Monday, defence lawyers presented their no-case submissions in the absence of the jury, with the prosecution offering its responses.
Mr. Clarke, a 64-year-old accountant, was shot multiple times inside the master bedroom of his Kirkland Close home on May 27, 2010, during a police-military operation to apprehend then fugitive drug lord Christopher 'Dudus' Coke.
Dr. Dinesh Rao, the former chief forensic pathologist in the Legal Medicine Unit at the Ministry of National Security, testified during the trial that Clarke sustained 25 gunshot wounds.
He noted that 16 of those shots were to Clarke's lower back, while the other injuries included gunshot wounds to his face, chest, and forearm.
The forensic pathologist explained that Clarke died from traumatic shock caused by extensive damage to his lungs, heart, intestines, and kidneys, resulting from multiple gunshots to his back.
Dr. Rao also supported the account given by Clarke's relatives that he was shot while climbing down from a closet with his back towards security forces personnel who had entered his home.
Mr. Clarke's widow and daughter had also insisted that they were home alone with the businessman when they heard strange sounds and thought criminals were breaking into the house.
But, testimony from a former government forensic analyst contradicted the family's account.
The analyst said Clarke was likely shot while inside the closet in the master bedroom, rather than while descending from it.
She also refuted the idea that Clarke was shot at the window – as claimed by his daughter – as she found no blood spatter on the window or surrounding walls.
She also could not recall seeing a curtain and whether it had blood marks, but was certain that there were no bloodstains or spatter on the window.
The court was told that it was likely that Clarke was shot while positioned at the left side of the closet based on the blood spatter captured in a photograph she was shown.
JDF stands with soldiers
The Jamaica Defence Force says it stands in support of the three soldiers who have been freed of murder in relation to the killing of Keith Clarke.
In a swift response, the JDF said the verdict brings relief to the service members, who can now reclaim their freedom, rebuild their lives, and return to their families without the burden of litigation.
The JDF says despite the challenges faced over the last 14 years, it is appreciative of the justice system's fair assessment of the evidence.
The army leadership says the decision reinforces its faith in both the servicemen and women and the justice system.
The JDF says it remains mindful of the profound loss experienced by the Clarke family and continues to offer sincere condolences.
It says the commitment to lawful and responsible service remains unwavering, and it will continue to support soldiers who put their lives on the line, everyday in service of the country.
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