Keith Clarke murder trial adjourned until April 29 amid juror shortage

Justice Dale Palmer today refused a request from the defence to stay the start of  the Keith Clarke murder trial in light of an appeal filed by the defence this morning. 

The trial, however, was adjourned until April 29 due to a shortage of jurors. 

The defence is appealing Palmer's decision earlier this month that the matter should proceed to trial following a voir dire, ordered by the Court of Appeal to determine whether the Director of Public Prosecutions could rebut the immunity certificates. 

When the matter was mentioned this morning, King's Counsel Valerie Neita- Robertson indicated that the defence had filed the appeal and was awaiting word on whether the DPP has been served.

She then asked for the proceedings to be stayed.

However, DPP Paula Llewellyn said there was no evidence of the appeal except for information she received that Neita-Robertson's junior was sighted at the appeal court.

She also stated that no order has been received from the appellate court and insisted that Justice Palmer did not have the jurisdiction to grant a stay.

Llewellyn further argued that the defence had a week to file their appeal but instead waited until today to do so to thwart justice.

She further accused the defence of being "cold" and "callous" while describing their actions as frivolous, vexatious and an abuse of process.

The DPP, while imploring the judge to start the matter, noted that the case has been languishing for 12 years and that the pendulum of justice must swing both ways.

Neita-Robertson, however, objected to the DPP's statements, forcing her to withdraw the words "cold" and "callous".

She further sought to explain that the defence only received the judgment on April 9 and needed time to prepare the appeal as a case of this nature was new in this jurisdiction.

Additionally, Neita-Robertson indicated that besides the issue with the order from the Court of Appeal, there was also a shortage of jurors which would affect the start of the trial. 

However, Llewellyn pointed out that while they were informed that only 18 jurors were present, steps are being taken to have more jurors. At least 40 people are needed for the jury pool.

At the same time, the DPP stated that, either way, the matter could proceed with the arraignment.

The judge then adjourned the matter for him to consider his decision. On resumption, the defence was served with the documents.

The defendants, lance corporals Greg Tingling, Odel Buckley, and private Arnold Henry,  are charged with murder. 

The businessman was shot 21 times inside his home, located on Kirkland Close, in St Andrew, on March 27, 2010, during a police-military operation to apprehend then fugitive drug lord Christopher 'Dudus' Coke.

The murder trial was set to begin in 2018 when lawyers for the Jamaica Defence Force surprised prosecutors with immunity certificates that shielded the soldiers from prosecution for their actions during the operation.

The certificates were signed in February 2016 by former national security minister Peter Bunting.

Following a legal challenge, the Constitutional Review Court, in a majority decision handed down in February 2020, ruled that the certificates were manifestly unfair and unreasonable.

However, while overturning that decision in a judgment handed down in January last year, the Court of Appeal affirmed an order by the Constitutional Court that the trial should go ahead.

- Tanesha Mundle

Follow The Gleaner on X and Instagram @JamaicaGleaner and on Facebook @GleanerJamaica. Send us a message on WhatsApp at 1-876-499-0169 or email us at onlinefeedback@gleanerjm.com or editors@gleanerjm.com.