The Supreme Court has halted the trial of the three Jamaica Defence Force (JDF) soldiers accused of the 2010 murder of businessman Keith Clarke.
Justice Glen Brown made the order a short while ago, two days after defence attorney Paul Beswick surprised him, revealing that in 2016, the soldiers were granted immunity from prosecution by Peter Bunting, who was the Minister of National Security at the time.
"It is not for this court to determine the legality of the actions of the Minister of National Security," Brown said in his ruling.
IN PHOTO: DPP Paula LLewellyn
The nation's chief prosecutor Paula Llewellyn had taken issue with the fact that Bunting signed the certificates of immunity six years after Clarke was shot and killed inside his home in Kirkland Close, St Andrew.
READ: DPP questions immunity for soldiers six years after Keith Clarke's murder [1]
She described the move as "a most unusual exercise of authority."
Brown said within three months, any interested party may seek a judicial review of the granting of the certificates of immunity.
He also directed that the case is again called up in the Home Circuit Court on September 17 to determine the next move.
"I agree with Mr Beswick that the proper forum to deal with this issue is the Full Court," said Brown in ordering a stay of the trial.
IN PHOTO: Keith Clarke
Clarke was killed by soldiers on May 27, 2010 in the hunt for then fugitive Christopher 'Dudus' Coke.
A post-mortem report indicated that he had received 20 bullets to his back.
After six years of delay, Corporal Odel Buckley, Lance Corporal Greg Tinglin and Private Arnold Henry were scheduled to stand trial for allegedly shooting Clarke 21 times inside his home.
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