The defence in the Clansman-One Don Gang trial this morning charged that the late disclosure of a statement by the prosecution hampered its strategy.
In raising the issue, attorney Alexander Shaw argued that while the prosecution has an obligation to continue to make disclosure during a trial, the statement in question, which was recently disclosed, should have been turned over to the defence long before now.
He asserted that the prosecution had two years to prepare for the trial and to serve the documents it will be relying on.
In supporting his concern, attorney Lloyd McFarlane argued that the statement was only disclosed by the prosecution after recognising that its own conduct had left the Crown at a disadvantage.
Further, he argued that it was important for the prosecution to disclose the statement earlier as the defence would have been in a better position to organise its strategy.
Responding, presiding judge Chief Justice Bryan Sykes said while he understands the concerns, the Crown always has a duty to make disclosure of whatever evidence it will be relying on and will likely be doing so up to the end of the trial.
Further, he said the trial is at a very early stage which will give the defence sufficient time to respond.
In addition, Sykes said he does not have the authority to order the defence not to make further disclosure.
Reputed leader Andre 'Blackman' Bryan and 32 other alleged gang members are being tried on an indictment with 25 counts under the Criminal Justice (Suppression of Criminal Organizations) Act and the Firearms Act.
The One Don Gang is a breakaway faction of the Clansman Gang.
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