Brigadier Williams designated hostile witness in Keith Clarke murder trial
Published:Tuesday | July 23, 2024 | 12:10 AMTanesha Mundle/Gleaner Writer
The prosecution was on Monday granted permission to treat Brigadier Mahatma Williams as a hostile witness as the Keith Clarke murder trial continued in the Home Circuit Court.
Williams was the commanding officer for the Jamaica Defence Force (JDF) unit that was involved in the shooting death of the businessman at his St Andrew home in May 2010.
In making the application, the lead prosecutor, Senior Deputy Director of Public Prosecutions Jeremy Taylor, submitted that Williams had provided testimony that contradicted the evidence given in his statement.
The application was sought after the witness testified that he took an active part in the debriefing of the soldiers involved in the shooting despite his earlier testimony that he did not have any interaction with them.
Williams, who has been presenting evidence since last Tuesday, was noted for his evasive demeanour and mannerisms despite his outward pleasantness. He often could not recall his evidence. Even after refreshing his memory, he was sometimes unable to recollect.
The 63-year-old businessman was shot 21 times at his Kirkland Close, St Andrew home, on March 27, 2010, during a police-military operation to apprehend then-fugitive drug lord Christopher ‘Dudus’ Coke.
Three soldiers – lance Corporals Greg Tingling and Odel Buckley, as well as Private Arnold Henry – have been charged with his murder and are being tried before Justice Dale Palmer.
On Monday, Taylor grilled Williams about a statement he had given to the Independent Commission of Investigations (INDECOM) in which he said that the JDF has a system of debriefing and accounting.
“Wherever soldiers go and operate and whatever happens there, there is strict accountability, so I know who did exactly what,” the senior officer had stated.
ASKED TO REFRESH MEMORY
The brigadier, however, could not remember saying those words and had to refresh his memory.
But when asked to confirm if he had made those remarks, he replied, “It’s in the statement”, before acknowledging that it was his signature on the document and that he had signed it as being true.
Asked if he had agreed with then INDECOM Commissioner Terrence Williams that five soldiers had entered Clarke’s residence, the witness said he did, but that it was based on the information he had received at the time.
At the same time, he told the court that he never indicated that to the commissioner at the time.
“Do you have an explanation?” Taylor questioned.
“I am assuming ... ,” he started out saying but was interrupted by Taylor, who told him not to make any assumptions.
Taylor suggested that the witness had, in fact, told Commissioner Williams that the five soldiers – whom he had named, including the three defendants – had told him exactly what happened.
The witness, however, again asked to refresh his memory before admitting that was what he had stated.
While being questioned about the details he had received, the witness indicated that it was after the general debriefing that he was given specific details and that some of the soldiers involved in the operation did not do anything.
Asked if he had a general debriefing with all the soldiers involved, followed by a specific debriefing with the five who were directly involved, the witness said he would not call it a specific debriefing but rather additional.
He, however, could recall who was present, but said that the troop commander might have been there.
“Is it that you don’t remember what you told the commissioner in that interview?” Taylor asked.
“I told the commissioner when I answered all the questions,” he replied while indicating that his answers were truthful.
The brigadier, during his previous testimony, said that the troops were deployed at the premises based on intelligence, and that while on his way, he heard gunshots. He said that on his arrival, he saw soldiers taking cover.
He also testified that the soldiers had used a power saw to gain entry to the house after assessing that the persons inside were being held hostage.
The witness will continue his testimony today.