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Constitutional Court reserves judgment in challenge of certificates of immunity issued to security forces involved in May 2010 operation

The Constitutional Court on Thursday afternoon reserved judgment in the legal challenge to the 2016 certificates of immunity issued by former National Security Minister Peter Bunting, protecting members of the security forces involved in the 2010 Tivoli Gardens operations from prosecution.
 
The judgment will be handed down in January.
 
The certificates of immunity were issued following the arrest and charge of three members of the Jamaica Defence Force for the fatal shooting of Chartered Accountant Keith Clarke.
 
The Director of Public Prosecutions and the Independent Commission of Investigations (INDECOM) had challenged the constiutionality of the ceritificates.
 
Mr. Clarke's estate also challenged the certificates, claiming they were unconstitutional as well as null and void.
 
The DPP contends that the certificates cannot block her office from prosecuting the soldiers.
 
However, the Attorney General's Department insists the documents are valid.
 
The outcome of the challenge will determine whether the soldiers will have to stand trial for the death of Mr. Clarke, who was shot at his Kirkland Heights, St. Andrew residence on May 27, 2010.
 
Members of the security forces went to his house during the search for Tivoli Gardens area leader, Christopher Dudus Coke, who was wanted by US prosecutors.
 
 


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