Prosecutors in the Keith Clarke case plan to present approximately nine additional witnesses to the Home Circuit Court as the trial concerning the accountant’s murder 14 years ago progresses.
The Crown, led by prosecutor Latoya Bernard, indicated on Tuesday that, initially, it had 10 witnesses to call, but the number was reduced.
The first of the nine witnesses is not able to attend the court until Thursday, so Tuesday’s hearing was prematurely adjourned.
“It cannot be said that the Crown is wasting time because we have to go according to ... the availability of the witnesses,” Bernard said yesterday as the defence attorneys scoffed.
Three soldiers – Private Arnold Henry and lance corporals Greg Tingling and Odel Buckley – have been implicated in Clarke’s death and are currently being tried for murder.
King’s Counsel Valerie Neita-Robertson, who represents Tingling, expressed concern about the defence being prejudiced based on lack of confirmation by the prosecution on its witnesses.
“We have had that conversation in chambers, My Lord, about trying not to get the matter to go over to next term. In addition to that, we have witnesses who are just waiting and waiting and waiting, but we don’t have a timeline,” the senior attorney said.
She noted that there were months of preparation and the prosecution’s proposition of a timeline could have helped the Home Circuit Court to have a better direction on Tuesday.
“Just for the record, documents were served years ago. We are now in a trial and we have been trying to find out which witness is going to be called next. Usually, the DPP (director of public prosecutions) or whoever appears from the [Office of the] DPP would give us a timeline. That doesn’t mean that adjustments cannot be made,” Neita-Robertson added.
In response, Bernard said, “In light of the witness for today, which based on the procedure that would have taken, as I indicated would have taken [place] today and tomorrow, that document was long served from last year.”
Bernard said one of the issues is that one of the witnesses is of contention which they aim to solve.
The defence has suggested that Clarke, his daughter, and his wife were hosting then-fugitive Christopher ‘Dudus’ Coke at their house in May 2010 when members of the security forces invaded their premises and shot the accountant dead, while in search of Coke.
Clarke, 63, was shot 21 times during the raid.
The defence is also 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.
The hearing will continue on Thursday with one of the witnesses, who initially stated that she could start cross-examination next until week, but agreed to start tomorrow when contacted by Bernard during a court break.