Prosecution challenges Brigadier Williams on debriefing, notes in Clarke case

Brigadier Mahatma Williams, who commanded a unit linked to the 2010 death of businessman Keith Clarke, on Tuesday maintained that the five soldiers said to be involved did not provide him with specifics regarding the shooting incident.

The senior army officer, however, had told then Independent Commission of Investigations (INDECOM) Commissioner Terrence Williams in an interview that the soldiers had spoken to him and gave him specific details of what had transpired.

The 63-year-old businessman was shot 21 times at his Kirkland Close home in St Andrew on March 27, 2010, during a police-military operation to apprehend then-fugitive drug lord Christopher ‘Dudus’ Coke.

Three soldiers – lance Corporals Greg Tingling and Odel Buckley, as well as Private Arnold Henry – have been charged with his murder and are being tried before Justice Dale Palmer.

While being questioned on Tuesday by Senior Deputy Director of Public Prosecutions Jeremy Taylor, the witness acknowledged that he had answered the commissioner in the affirmative and was being truthful.

But in explaining why he was now denying that the men spoke to him, he said, “I spoke to a group”, while adding that he did not speak to the soldiers individually.

“Brigadier, you answered yes to Commissioner Williams that these men spoke to you. Are you saying that they did not speak to you?” Taylor asked.

“They did not talk to me about the incident,” said Williams, who is being treated as a hostile witness.

He then explained that he came away with the understanding that the men went into the house or room and that they carried out certain drills; however, he said they were shortly after called away by the legal unit.

According to the brigadier, it was after the general debriefing that he got specific details that some of them were not involved.

Taylor, however, grilled the witness about his admission that he had not spoken with the men.

“Are you sure about that?” Taylor asked, to which the witness responded in the affirmative.

“Are you sure you’re not in error when you say ‘the men did not speak to me’?” the prosecutor continued.

“Not in detail about what happened,” the witness replied.

EQUIVOCAL RESPONSE

Further in his evidence, Taylor asked the witness whether his response to the commissioner about the five soldiers, the troop commander and himself being present at the additional debriefing was an equivocal answer.

“It was an answer,” he replied.

Taylor, however, was not pleased and insisted that he answer the question.

“You are telling me what to answer?” the witness asked.

Defence attorney-at-law Valeria Neita Robertson, KC, however, objected while accusing the prosecutor of engaging the witness in an argument. She submitted that the witness gave a response, which should be accepted, and that he should not be badgered into giving a reply that is pleasing to the Crown.

But Justice Dale Palmer disagreed. He said the witness’s response was not an answer and that he could say whether he believed his answer was equivocal or not.

“If a suggestion is made he has a duty to respond,” the judge said after pointing out that the court is interested in hearing responses that are of assistance to the proceedings.

The brigadier then said he disagreed that it was an equivocal response.

Earlier in the proceedings, the witness was also questioned about whether he had taken notes at the debriefing.

In his reply, the witness said, “Notes were taken.”

Asked if he was the one who had taken the notes, the witness said: “No, Sir. Notes were made at the debriefing.”

He further noted that he did not recall making any notes himself.

Taylor then asked him if he had told the commissioner, when questioned about the taking of notes, that he is a commanding officer and would be on his computer.

While admitting that he gave that response, the brigadier explained that the debriefing would also include persons who are scribes and persons who present information, and that it was not all strict.

The witness will continue on the stand today.

tanesha.mundle@gleanerjm.com