JDF arms store supervisor says he didn’t personally issue weapons used in shooting

A retired army warrant officer who supervised the arms store from which artillery believed to have been used in Keith Clarke’s murder was dispensed, testified during the trial yesterday that he simply signed authorisation notes.

Three Jamaica Defence Force (JDF) soldiers are charged with the 63 year-old accountant’s May 27, 2010 murder. They are lance corporals Greg Tingling, Odel Buckley and Private Arnold Henry.

The trial is currently underway in the Home Circuit Court in Kingston.

Tingling is represented by King’s Counsel (KC) Valerie Neita-Robertson while Buckley’s attorney is Peter Champagnie, KC, and Henry’s is Linton Gordon.

The Crown is represented by Deputy Director of Public Prosecutions Jeremy Taylor, Natoya Bernard, KC, and Dwayne Green.

Following the unavailability of witnesses on Tuesday, the trial resumed yesterday with two witnesses taking the stand.

First was retired Sergeant Albert Myers, who told the court that he worked as a paramedic and arms store supervisor.

“For weapons to be issued, there must be instructions sent to the area where the arms are kept … . From there, we would get the instruction and issue the weapon,” Myers told the prosecution.

Taylor asked Myers if he recalled Monday, May 17, 2010.

“Do you recall that day? Did you do anything in particular on that day?” he questioned the witness.

“Yes, I recall. Nothing in particular, just my work as normal … . Get the key for the arms store, open the arms store … . I would be the authorising signature to sign off on those arms,” Myers said.

“So weapons were issued on that day? Do you recall if you made a note as to who you issued weapons to on that date?” Taylor asked.

Myers insisted he does not hand over weapons but has a staff complement to work with.

“I don’t physically issue,” Myers said.

“Can you recall who you supervised [in] the issuance of weapons on May 17, 2010? Did you make a record of it anywhere?” Taylor quizzed.

“I wouldn’t know that … . There was always the record books. They would record,” Myers said.

The witness was asked if he would recognise it if he was shown a signature of who signed the weapons to be released.

“We have some objections in law,” Champagnie said.

Jurors and the witness were asked to exit the courtroom by Justice Dale Palmer, the presiding judge.

At the resumption, the prosecution focused on entry number 38, 42 and 44 and asked the retired army officer if he could read what was entered, which he did.

“Is there a policy as to how quickly weapons are to be returned,” Taylor asked.

Myers outlined that weapons are normally in use all day and that personnel cannot return them until they are finished using them.

Myers said the list he signed did not have the return information on it.

The witness was soon after cross-examined, beginning with Gordon who focused on the list shown to Myers by the prosecution.

“I’m looking at the information. You looked at the document. Did you see any name and initial on the document?” Gordon said.

“No sir,” Myers responded.

Gordon said, “Did you see any regimental number on the document?”

“No sir,” Myers said.

Gordon asked, “Would I be correct to say that a firearms registry, a book, must contain the name of the soldier or officer taking a weapon from the arms store?”

“Yes sir,” Myers said.

Gordon asserted that any soldier taking a weapon must give his full name and regiment number given to him or her when he or she joins the army.

Gordon insisted that a list without the aforementioned data would not be a complete list at the registry.

“Yes sir,” Myers said in agreement.

The witness was asked by Gordon if, on May 27, 2010, the day of Clarke’s killing, if he was in the arms store. Myers said he could not recall.

Myers also said he could not identify who prepared the document shown to him by the prosecution.

Champagnie had three questions for Myers, the first of which was if he was correct in saying that, on the dates mentioned, he did not issue any weapon to anyone.

Myers told the defence attorney he was correct.

Champagnie also sought to establish that the document shown to Myers by the prosecution, on which he saw his signature, was something that he essentially copied from another book.

Myers again told the defence attorney that he was correct in his line of thinking.

“You can’t say what was in the book is 100% correct?” Champagnie asked.

“That is true,” said Myers.

“You gave statement for which you signed for, is that so? You gave that statement in 2011?” Champagnie said.

“Yes sir … . I can’t remember,” Myers said in his response.

The evening session, which saw the second witness from the Independent Commission of Investigations (INDECOM) taking the stand, did not go on for long as the prosecution could not proceed because a document was not on hand.

This raised the ire of the defence attorneys, with Neita-Robertson expressing shock at what she considered the lack of preparation on the part of the Crown or witness.

Clarke, a 63 year-old accountant, was shot 21 times inside his master bedroom at his Kirkland Close, St Andrew home during a police-military operation to apprehend then-fugitive drug lord Christopher ‘Dudus’ Coke.

The trial continues today.

andre.williams@gleanerjm.com