Judge stunned at murder puzzle as ‘Blackman’ defence presses case
Published:Tuesday | June 14, 2022 | 12:13 AM
Chief Justice Bryan Sykes expressed astonishment on Monday at the prosecution’s admission during the Clansman-One Don trial that there was no supporting evidence from the police to corroborate the alleged murder of a man in 2018 in Spanish Town, St Catherine.
That claim was in contrast to reports that the police had visited the scene.
The judge described the situation as being “quite remarkable”.
“Here we are in the 21st century and it is being alleged that a person was shot and killed and he is supposedly lying on the ground for hours and the police arrive and there is no police evidence, no photograph, no scene of crime, nothing to say the body was found,” the judge remarked.
Reputed gang leader Andre ‘Blackman’ Bryan is alleged to have given the order for the man to be executed after complaining that enough persons were not being killed in the parish.
The man was reportedly murdered by defendant Ted Prince, along the roadway in front of a hardware, after he was told by Blackman to “nyam him food”.
However, Bryan’s lead lawyer Lloyd McFarlane, in challenging the Crown’s decision to indict his client for the murder, previously argued during his no-case submission that the Crown had not presented sufficient evidence to make out a case.
McFarlane argued that the prosecution had not proved to the court that the man had been killed.
But the prosecutor, while conceding that the police had not produced supporting evidence, asked the judge to make the inference on witness testimony the man was shot on Blackman’s orders and that his motionless body was eventually removed after lying on the ground for a long while. The prosecution also said there was no evidence that a medical team had attended to him.
The prosecutor also disclosed that the police had identified the cops who had processed the scene but they had left the force.
But Justice Sykes, who pointed out that the court was not even furnished with the man’s name or a report of his death from a family member, disagreed. He indicated that the prosecution could have relied on legislation to produce documents and get information.
“This is what you are telling me in this day and age,” the judge remarked, adding, “That’s a hard one to accept.”
The prosecution also submitted that Bryan should also answer to a charge of leadership of a criminal organisation as sufficient proof had been presented, including that he also gave orders to purchase and sell firearms.
No-case submission
Meanwhile, the Crown, in responding to the no-case submission made on behalf of Bryan’s brother, Kevaughn Green, countered arguments made by his lawyers that he was implicated only because of his blood relation to his brother and that no evidence was presented linking him to the gang.
The prosecutor argued that evidence has been presented that Green was a top-tier member who gave orders to dons and took instructions from his brother to procure guns and ammunition and would delegate who was to “lock” Jones Avenue, the location of the gang’s headquarters.
The prosecution contended that Green’s relation with his brother went far beyond their familial bond and that Green was aware he was taking instruction from his brother in the capacity of a gang leader.
Meanwhile, the Crown was cautioned by the judge not to confuse association with membership, while explaining that a person can be linked with a known criminal and not be a gang affiliate.
Justice Sykes also advised the prosecution to bear in mind that being a criminal does not necessarily mean that he or she is a member of a gang.
The matter resumes on Tuesday when the prosecution will continue to respond to no-case submissions for 24 of the remaining 28 defendants.
Initially, 33 defendants were charged on a 25-count indictment under the Criminal Justice (Suppression of Criminal Organizations) Act and the Firearms Act. Five were released from custody after their cases were thrown out.