Tue | Jan 18, 2022

Clansman Gang Trial | Prosecution to decide on the way forward regarding telephone records

Published:Wednesday | December 1, 2021 | 2:08 PM
The trial is being heard in the Home Circuit Court.

The prosecution in the Clansman-One Don Gang trial is to provide an update on Friday on the telephone call records that are outstanding from Jamaica's two main service providers.

The detective sergeant who led the investigation on Monday testified that the police had challenges obtaining the telephone data from the service providers and that the constabulary force is still awaiting the requested information.

According to the police witness, the telephone records relate to the phones that were collected from several of the 33 defendants and the three cell phones that were used by a former gang member to secretly record the conversations of alleged members of the gang including reputed leader Andre 'Blackman' Bryan.

This morning, the presiding judge Chief Justice Bryan Sykes told the prosecution that the issue needs to be dealt with as he and the defence need to know definitely if the prosecution intends to rely on the information.

While pointing out that the issue should have been dealt with at the case management stage and the requisite summons and order made, Sykes said the information is crucial as it would not only be helpful to the prosecution but could also be of help to the defence.

Further, he said if the information is obtained then new witnesses will need to be called and preparations made.

But, at the same time, the judge said it would also be pointless for the court to be hearing all the testimony regarding how the phones were collected if the phone data is not forthcoming and is not being relied on.

However, Bryan's lead attorney-at-law Lloyd McFarlane told the court that defence has prepared its case on the basis that there is no call data, and as such, it would be unfair to the defence to present it at this late stage.

The attorney then appealed to the judge to draw the line.

While reiterating that he will have to confront the issue, Sykes then advised the prosecution to think about the matter and how it will be handed and inform the court.

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