Clansman Gang Trial | Prosecution to issue subpoena on Digicel to handover telephone records

The prosecution in the Clansman-One Don Gang trial says it will be issuing a subpoena on telecommunications provider Digicel today for the company to provide telephone records in relation to the gang case.

The subpoena will be prepared by the court's registrar and will be issued thereafter. 

The prosecution had recently disclosed that the police were still awaiting telephone data from the country's two main service providers after requesting the information.

Since then, Flow Jamaica has honoured the request.

But, this morning when the presiding judge Chief Justice Bryan Sykes raised the issue, noting that it must be settled before the end of the Christmas Term, the prosecutor disclosed that the information from Digicel was still outstanding and that it was not sure if and when it will be forthcoming.

"There is still a lot of unknown where this part of the evidence is concerned. The only certainty would be the recordings," the prosecutor indicated.

One of the two main witnesses, who are both ex-gang members, had testified that he had used three phones to secretly record conversations with alleged members of the gang, which was turned over to the police.

The prosecution is therefore seeking telephone data in respect to those recordings, call data and cell site information, and phones that were seized from the alleged gangsters.

However, the prosecution this morning told the Home Circuit Court that from what it has "gleaned'  Digicel is "reluctant more than anything else" because it knows that the company will have to come to court to testify in court and do not wish to do so.”

As it relates to Flow, the prosecutor indicated that though the data has been received, it is not in a position to say how many witnesses will be called and their identities.

Sykes, however, pointed that one has to consider that the telephone record is needed to support the narrative of the evidence of the two main witnesses whose credibility and reliability are being challenged.

He further indicated that another aspect to consider is how defence attorneys will manage their cases with the additional data, as this will affect their strategy.

Defence attorney Lloyd McFarlane, who is representing reputed leader Andre 'Blackman' Bryan, however, reiterated his position that the prosecution should not be allowed to pursue this evidence any further.

He argued out that the issue should have been dealt with from the case management stage and that it is prejudicial to the defence for the court to still be conducting case management.

"We should not be placed in a position that we still don't know what the prosecution intends to rely on," he argued.

Sykes, in agreeing that the matter should have been settled from case management, said while he understands that people are reluctant to take the stand, he underscored that service providers are not "sacred cows" and can be compelled like any other witnesses.

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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