Gang links must be proven in court, says Sykes

Before shooting down a last-minute attempt by the prosecution in the Clansman-One Don Gang trial to keep one of the defendants in the case, Chief Justice Bryan Sykes emphasised on Tuesday that the fate of an accused must be determined by current evidence and not claims of criminal antecedents.

“The fact that they may be criminals generally in the normal course of things is irrelevant unless it is connected to proof of crimes charged,” Justice Sykes said, adding that a defendant is required to respond only to the charges in an indictment.

The judge’s declaration was preceded by his acquittal of defendant Dwayne Salmon after upholding a no-case submission by defence lawyer Kemar Robinson.

The 31-year-old construction worker is now the fifth defendant to be acquitted in the highly watched gang trial. Four others were freed last week after the prosecution abandoned its case against them because of insufficient evidence.

Salmon was charged in June 2019 with membership of the gang and for his alleged role in the repair and supply of firearms.

A gang member-turned-prosecution witness had testified that he had taken guns to the defendant for repair and that he had also sold firearms to the gang.

However, Justice Sykes agreed with Robinson’s submission that the prosecution had not presented any evidence to prove that his client was a member of the gang, noting further that even if the court were to accept the witness’ evidence, it would more likely suggest that Salmon provided a benefit to the criminal organisation and that his service had value as an independent supplier.

“Assuming the evidence to be correct, what was quite clear, that Mr Salmon has services that a number of people apparently find value in and no doubt he found it valuable, as he did not seek to restrict his services to any particular group or entity.

“And it seems as if in his line of work, he was prepared to make housecalls, provided that they take him to where the work was being done and take him back,” Sykes said.

He further added that there was no evidence that he was taking orders from the leaders of the gang.

Regarding the Crown’s application to amend the indictment and add knowingly proving a benefit to a criminal organisation to the counts that Salmon was facing, the prosecutor said that the proposed charge would have been supported by the testimony of the Crown’s main witness.

While agreeing with the judge that the timing was off, the prosecutor, however, argued that the amendment would not result in any prejudice or injustice to the defendant, or risk him being exposed to a greater penalty if convicted.

But the judge disagreed, rejecting the application on the basis that it would cause severe injustice to Salmon if amended.

“That should have been obvious from the time the man was charged, and from almost one year of evidence because at the point at which counsel is going to make a no-case submission, you want to make an application to amend the indictment?” Justice Sykes asked.

“Prosecution can’t work like that – not in the context of this case,” he added.

Salmon was also charged with illegal possession of firearm, but the prosecution had abandoned that count.

In the meantime, the newly freed man told The Gleaner that he was happy and was always confident of a favourable outcome. He said that he had maintained from the outset that he was wrongly charged. Salmon said he could not wait to reunite with his family.

“It’s a great feeling, and I am so glad to be free. I have to say good work by Mr Robinson. Nuff respect!“ he said.

“... I told them they have the wrong man. I don’t even know the name of that person.”

Salmon described his detention as “real rough”, with inestimable costs.

In the meantime, lawyers for 24 of the remaining 28 defendants, including alleged gang leader Andre ‘Blackman’ Bryan, have made no-case submissions. The prosecution, which has started to respond to their submissions, will continue doing so today.

tanesha.mundle@gleanerjm.com