Defendant accuses cops of delaying X-ray ordered by doctor

One of the 27 defendants in the Clansman-One Don Gang trial on Friday accused the police of refusing to take him for an X-ray after allegedly injuring his arm.

The defendant, Ted Prince, whose arm was in a sling, complained to Chief Justice Bryan Sykes after the trial had adjourned for the day. He claimed he suffered the injury last week Thursday.

“Your Honour, the doctor write an X-ray paper fi I go do X-ray and all now mi can’t get fi go do the X-ray pon mi hand,” he told the judge.

“The officers dem a say mi a come a court so dem can’t bring mi and last week Thursday, mi never did a go nuh court and dem nuh bring mi same way, and mi nuh know why mi can’t go hospital and a dem bruck mi hand,” Prince reported.

After listening to the complaint, the judge summoned the court sergeant, who said that she will make the appropriate checks and arrangements for Prince to be taken for the X-ray.

The court, in the meantime, is to be updated on Monday as to whether it was done.

Meanwhile, the judge, earlier in his summation, said that based on the evidence presented by the Crown about the gang’s alleged involvement in a double murder and arson in New Nursery, Twickenham Park, St Catherine, in 2017, the legal standard of a criminal organisation was met even before the alleged serious offences were committed.

At the same time, the judge did not make any pronouncement on whether he found the evidence credible.

Two ex-members of the gang had testified that Andre ‘Blackman’ Bryan and his crew carried out the killings and arson when they went in search of a man called ‘Bobo Sparks’, who was reportedly a top shooter for Tesha Miller, the reputed leader of a faction of the Clansman Gang.

A couple – Jermaine Bryan, 25, and Cedella Welder, 27 – were allegedly shot dead by Bryan and his bodyguard, defendant Tareek James, and their board house fire-bombed.

Both witnesses had given details about the planning that took place at a yard with Bryan and several alleged gang members assigned roles before they allegedly went to the community.

Bottle bombs and guns were also allegedly present during the meeting.

“So even before they had left Ms … yard, the legal standard has been met in terms of a criminal organisation,” the judge said.

The judge noted that the statute’s definition of a gang is three or more persons affiliated with a group, network or alliance and with a common purpose to commit one or more offences. He previously stated that the crime does not have to be executed in order for a judge to find that a criminal organisation exists.

The judge, in his summation, also looked at evidence given by the Crown about the alleged seizure of an AK-47 and magazine with ten 7.62 millimetre rounds at the furniture shop of one of the defendants, Roel Taylor. However, he said, his decision as to whose version is to be believed will be based on who is more credible.

Additionally, he said the defendant’s good character principle, which was raised by Taylor, the cousin of alleged gang leader Bryan, will also be considered. The principle, in essence, is that person of a good character is more likely to be truthful than one of bad character and is also less likely to commit the crime for which he or she is charged.

The judge, in his observation, said while there are some differences in the accounts, the most significant difference is the evidence relating to whether Taylor was present during the search.

A senior police witness had testified that the firearm and weapon were found under a stack of boards and that Taylor, who was present during the search, had denied knowing about the weapon and ammunition.

However, Taylor, in his unsworn evidence, said he was not present during the search and that the shop is in an unfinished building that is occupied by two other persons and that it has a back door which is always open.

Bryan and 26 alleged gang members are being tried on an indictment with multiple counts of offences under the Criminal Justice (Suppression of Criminal Organizations) Act and the Firearms Act.

One of the defendants, Andre Smith, was killed last August, while five others were freed.

Justice Sykes will continue his summation on Monday.

tanesha.mundle@gleanerjm.com