Defence not happy with tears from businessman’s family

Persistent tears from the Keith Clarke’s daughter while his multiple gunshot wounds were being detailed in the Home Circuit Court on Tuesday rankled the defence, sparking an impromptu break after they complained that the jury was being unfairly influenced by the emotional display.

Dr Dinesh Rao, former chief forensic pathologist in the Legal Medicine Unit at the Ministry of National Security, who on Tuesday testified that Clarke had received 25 gunshot wounds, including 20 fatal shots, was continuing his testimony via video when the matter was forced to a break.

This was after defence lawyers left their seats and were seen whispering with their clients, who were seated in the dock.

Visibly annoyed was King’s Counsel Valerie Neita-Robertson, who was overheard saying, “I am tired of it.”

Members of the jury were at this point told that the trial would break for 10 minutes and that they could stretch their legs.

Prosecutor Latoya Bernard then informed the judge that she was not sure what was the issue, but had seen soldiers moving up and about in the back of the court and would try to find out what the objection was.

The judge, however, said he had not observed any action that would cause any prejudice as the jury was focused on the witness.

The prosecutor then asked Neita-Robertson if she wanted to put her objection on the record and she indicated that they could discuss it in court.

Reporters then left the courtroom and saw Clarke’s relatives with his daughter, who appeared to have been crying.

Some of the defence lawyers then exited the courtroom shortly after and Neita-Robertson was overheard repeating that she was tired of the family members crying in court and that they should let the jury decide the case on the evidence and not emotions.

PREMATURE END

Clarke’s son, who appeared upset, retorted but was restrained by his mother.

Shortly after the matter resumed, but it was again forced to another premature end due to Internet connectivity issues.

Before the break, Rao detailed seven more gunshot wounds, five of which were entrance wounds to Clarke’s lower back and his face and another to his forearm.

The court heard so far that 15 of the 25 gunshot wounds received by Clarke were to his back.

The 64-year-old accountant was shot multiple times inside his master bedroom at his Kirkland Close home on May 27, 2010, during a police-military operation to apprehend then-fugitive drug lord Christopher ‘Dudus’ Coke.

Defendants lance corporals Greg Tingling and Odel Buckley and Private Arnold Henry are being tried for murder before Justice Dale Palmer.

Clarke’s widow and daughter previously testified that they witnessed Clarke being shot while climbing down from the closet with his back turned to the soldiers. Clarke’s other daughter, Brittany, had insisted that he was shot at the window while coming down.

Both relatives had also insisted that they were home alone with Clarke when they heard sounds and thought criminals were breaking in on them.

However, a former government forensic analyst testified that Keith Clarke was shot while inside the closet in the master bedroom, contradicting the testimony from his widow and daughter that it occurred while he was climbing down from atop the closet.

The expert witness also ruled out the idea that the witness was shot at the window. She testified that she did not see any blood spatter on the window or the walls around the window. She also could not recall seeing a curtain and whether it had blood marks but was certain that there were no bloodstains or spatter on the window.

The court was told that it was likely that Clarke was shot while positioned at the left side of the closet based on the blood spatter captured in a photograph she was shown.

The witness will resume his testimony today.

tanesha.mundle@gleamerjm.com