Testy exchanges as defence continues to accuse Keith Clarke’s daughter of lying

Defence attorney Linton Gordon yesterday outlined that 14 years ago, seven or eight men from Tivoli Gardens in West Kingston were captured in the proximity of the home of Keith Clarke two days after his death.

The men are said to have been associated with then fugitive Christopher ‘Dudus’ Coke, who Clarke, his daughter, and his wife are accused of hosting at their house in May 2010 when members of the security forces invaded their premises and shot the accountant dead.

One of the men was said to have been identified as having been employed by the fugitive in the past.

Gordon, who represents Private Arnold Henry, while doing his cross-examination of Britney Clarke in the Home Circuit Court in downtown Kingston, continued to suggest, as he did on Monday, that Britney Clarke, like her mother, Dr Claudette Clarke, was lying in an effort to protect the deceased man.

“Are you aware that seven or eight men were captured in your community, Kirkland Heights, two days after this incident?” Linton asked, after which prosecutor Latoya Bernard immediately jumped up, objected and said it was a highly inappropriate question, especially in front of the jury.

Gordon continued, “We have instructions regarding these persons, and it is vital that it be brought.”

However, he was interrupted again by Bernard, and the judge concluded that a break from the courtroom should be taken by the jurors.

On the return to the courtroom, the tension remained high as the final day of cross-examintation of Britney Clarke continued.

Gordon, using photographs of the master bedroom at the Clarke’s residence, continued his cross-examination, which got under way on Monday, questioning Britney Clarke about how her father’s body was positioned when he was shot. He further questioned whether she was in the room or the bathroom and what time it was when the security forces stormed into the room.

‘MAKING UP STORIES’

“I’m suggesting to you that you’re making up stories and telling them to the court. Do you agree?” Gordon said.

“No, sir. I’m not doing that,” Britney Clarke responded.

Gordon continued: “And I’m suggesting to you that you are doing that to protect the reputation of your father. Do you agree?”

In reaction to this, prosecutor Latoya Bernard objected, stating, “Protect what reputation of what father? It’s an inappropriate question ... . To say protecting reputation is to take it to a different level. The jury is not here to judge the reputation of anyone.”

After being stopped, Gordon was again given the go-ahead to resume his cross examination, where he bombarded the witness with similar questions and directly suggested to her that she was lying in her responses.

“You are making up stories as we go along to protect the reputation of your father,” Gordon said.

“No, sir ... . That is not true,” Britney Clarke continued to respond.

Gordon further stated, however, “Ms Clarke, I am suggesting to you, ma’am, that when you told the court that you knew nobody was in the basement, you are not in a position to say that truthfully.”

“Yes, I am,” the witness responded.

“And I’m suggesting to you that you never went down there. You agree?” Linton said.

“Yes, I agree,” she said.

DISAGREEMENT

He also argued that if she looked into the basement where a fugitive might have been, if she and her mother were “put to lie on the floor in the bathroom” for their own safety, and if there was a member of the security forces in there to protect them, she could not see the closet area, where her father had been shot.

With this however, she disagreed.

“Sir, no! Stop fabricating stories!” the witness said before indicating that at some point, the bathroom door was locked during the incident as they sought refuge inside, but not after the security forces entered the master bedroom, which allowed her to witness her father being killed.

Clarke was shot and killed at his home in May 2010 by members of the Jamaica Defence Force who were in search of Coke.

Three soldiers – Henry and lance corporals Greg Tingling and Odel Buckley – were implicated in Clarke’s death and are currently being tried for his murder in the Home Circuit Court.

King’s Counsel Valerie Neita Robinson represents Tingling, while Peter Champagnie, KC, represents Buckley, who previously cross-examined Britney Clarke.

The defence, however, is contending that Coke and a group of gunmen were in the basement of the Clarkes’ home on the night of the raid and fired at the security forces before escaping in bushes at the back of the premises.

Keith Clarke, 63, was shot 21 times during the raid of their home on May 27, 2010.

The case resumes on Thursday and not today, given that one of the jurors has an engagement and would have been unable to attend the court proceedings.

ainsworth.morris@gleanerjm.com