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Racquel Porter reports
The trial of Tesha Miller, the alleged leader of the Clansman Gang, and his 24 co-accused has been postponed until Friday after failing to get off the ground in the Home Circuit Court on Wednesday morning.
The delay follows an application by the prosecution seeking an adjournment until June to complete disclosure and other procedural matters.
During the application, the prosecutors said DNA samples to be taken from four of the defendants, as well as the reports from the Communications, Forensics and Cybercrime Division (CFCD) are still outstanding.
Presiding judge Justice Dale Palmer rejected the request, saying an adjournment until June is not on the table, stressing that the trial must begin.
Justice Palmer cited the massive resources already deployed for the case, the unfairness to the defendants, and warned that if the trial does not proceed now, the next available trial date would be in 2027.
He said the Crown had time to prepare the matter despite logistic challenges that the Office of the Director of Public Prosecutions caused by a mould infestation. Defence attorney Sasha-Gay Shaw said lawyers had cleared their schedules to accommodate the trial and that further delays were not feasible.
Another attorney, Tamika Harris, criticised the proposed postponement, noting that the matter has already dragged on for two years and described the delay as a waste of time.
Noting the prosecution's indication that it has important material, Justice Palmer said its duty of disclosure is an ongoing one.
He said although it is untidy and undesirable for documents to be disclosed during the course of the trial, it is not uncommon.
Prior to Wednesday's adjournment, Justice Palmer ordered the relevant officials attend court on Friday to address the outstanding CFCD report and DNA samples, as well as what is required to proceed.
Among those ordered to attend court on Friday is the Commissioner of Corrections, Brigadier Radgh Mason.
Earlier in the proceedings, attorneys complained that they are having difficulty in taking instructions from their clients who are in custody.
Justice Palmer said he is anticipating the commissioner's solution to the long-standing issue.
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