Cops forced to ‘extract’ resistant Tesha from cell for court appearance

Reputed leader of the Clansman Gang Tesha Miller is to be examined by a doctor on a report submitted to the registrar following allegations that he was beaten by the police after he reportedly refused to attend a hearing at the Supreme Court.

Justice Vinette Graham-Allen yesterday ordered that he is to be examined immediately by a doctor at the Tower Street Adult Correctional Centre, where he is being housed, following a request by Miller’s lawyer, John Clarke, for him to be examined.

The judge also ruled that a medical report should be prepared and submitted to the court’s registrar and Clarke by April 18.

Miller, who is currently serving 38 years and a nine-month sentence in relation to the 2008 murder of the former chairman of the Jamaica Urban Transit Company, Douglas Chambers, was to attend court for a case management hearing along with 22 other defendants, on gang-related charges.

Miller, who was convicted on accessory before the fact to murder and accessory after the fact to murder, is now charged with leadership of a gang, while his co-defendants are charged with participating in a criminal organisation.

Clarke requested for his client to be medically examined after informing the court that his understanding was that his client was used as a “punching bag” after he refused to go to court, and had to be dragged to court.

REASON FOR DELAY

The hearing, which was delayed by a little over two and a half hours, was told that Miller’s refusal to attend court was the reason for the wait.

A prosecutor told the judge that the police had to devise a plan to get Miller to leave the facility where he is staying and that, when he arrived at court, he kept resisting when they tried to “extract him” from the cell, and kept resisting while he was being taken into the courtroom.

The court heard that Miller arrived at court at 11:48 a.m.

He was however observed entering the courtroom some time after 1:00 p.m., unusually dressed in a long white T-shirt and red shorts. Miller’s hair, which had streaks of grey, also looked unkempt. The alleged gangster is usually observed immaculately dressed in a white outfit.

The judge, after being told the reason for the delay, indicated that she would set a date for his attorney to address the court for the delay.

Clarke however questioned whether the voluntary bill was served on his client or if he had seen a copy.

But the judge, who appeared peeved, suggested that Clarke discuss the matter with the prosecutor.

VOLUNTARY BILL

“The voluntary bill comes under the learned Director of Public Prosecutions’ (DPP’s) powers in the Constitution as to how a matter is commenced in the Home Circuit Court.

“It is commenced by the DPP filing the document somewhere, so I am asking where was it filed, where it was proffered,” Clarke said.

“Look here, don’t waste my time. Are you asking me a question? I am not going to entertain it, please have your seat,” she told Clarke, who complied.

DPP Paula Llewellyn, who was present, then intervened and advised the court that she was going to invite Clarke to call her.

“I am not going to make anybody detain this court when the law is very clear. If you want answers, speak to the DPP. I always say ‘Discuss, discuss’. Look here, Mr Clarke, you know better. Don’t stand and address me. I don’t want to hear anything further, thank you,” the judge then added.

In the meantime, the judge remanded Miller and his co-defendants for them to return to court for the continuation of the hearing on April 18.

The prosecutor had earlier informed that 17 files were submitted in the morning by the police but that the Crown is yet to examine the documents.

However, the prosecutor requested two weeks to disclose the documents to the defence.

The court was also told that three of the defendants are yet to settle legal representation.

As a result, the judge postponed the matter for disclosure to the defence and for the three defendants to secure a lawyer.

The adjournment was also to facilitate an amendment to the indictment to correct the names of some of the defendants.

At least two more alleged gangsters are to be charged in the matter.

The 22 defendants are: Bjourn Thomas, Kirk Forrester, Sean Gilzene, Rolanda Hall, Owen Billings, Jermaine Clarke, Shawn Pottinger, Ryan Harrison, Michael Wildman, Ramone Stewart, Jerome Spike, Conroy Cadogan, Kimali Wynter, Kemar Miller, Kemar Francis, Charles McLeary, Carlos Williams, Dwayne Frater, Ronaldo Spence, Nashawn Guess, Lamar Rowe, and Geovaughni McDonald.

tanesha.mundle@gleanerjm.com