Keith Clarke’s widow scheduled to give testimony today after another delay
Published:Tuesday | May 14, 2024 | 12:10 AMTanesha Mundle/Staff Reporter
The widow of St Andrew accountant Keith Clarke, who three Jamaica Defence Force soldiers have been accused of murdering in May 2010, is expected to start giving evidence today at the trial in the Home Circuit Court.
Dr Claudette Clarke had taken the stand yesterday and was about to begin her testimony when the defence, after making enquiries about King’s Counsel (KC) Valerie Neita Robertson, informed the court that she had got sick and could not attend the day’s sitting.
Neita Robertson is representing one of the accused soldiers, Corporal Greg Tinglin, along with attorney-at-law John-Mark Reid.
The other two defendants are Corporal Odel Buckley and Private Arnold Henry. They are each charged with murder.
Peter Champagnie, KC, who is representing Buckley, told the court that Neita Robertson, who had been sick from the weekend, was making her way to court when her condition deteriorated.
Champagnie and Reid, who had visited Neita Robertson at her nearby office, said based on her interaction she would not be able to attend and asked the judge court to extend the usual courtesies and delay the matter until today for her to be present.
Caught defence by surprise
He added that the situation caught the defence by surprise and that if she is not well by today, then the defence team will be ready to proceed with the matter in her absence.
While emphasising that the prosecution and its witness are ready, Prosecutor Latoya Bernard told Justice Dale Palmer that the decision was entirely in his hands.
Noting that counsel’s illness qualifies as an unforeseen situation, Palmer said although he had vowed last week not to grant any further adjournment barring any unforeseen circumstance, he was left with no choice but to grant the adjournment.
The trial was slated to start hearing Dr Clarke’s evidence from last Tuesday, but was postponed until Monday after the Crown asked for an adjournment citing challenges with the availability of the transcript for Clarke’s widow, Dr Claudette Clarke. The transcript is of Dr Clarke’s evidence which was given at a hearing which concluded last month.
The court was also told that two alternative witnesses were also unable to give their testimony.
The matter has been ongoing since 2012 when Chief Prosecutor Paula Llewellyn ruled that the three soldiers be charged for killing Clarke at his home in 2010.
However the matter has been delayed due to a number of legal challenges relating to immunity certificates granted to the soldiers in 2016 by then National Security Minister Peter Bunting.
The businessman was shot 21 times inside his home, located on Kirkland Close in St Andrew, on March 27, 2010, during a police-military operation to apprehend then-fugitive drug lord Christopher ‘Dudus’ Coke.
Attorney-at-law Linton Gordon and his son Obika are representing Henry while attorneys-at-law Leonard Green and Nyron Wright are representing the Clarke family.