Attorney Dwight Reece, who is representing 39 year old security guard Shawn Cole who is charged with the the fatal shooting of 38 year old Haile Clacken at Cheapside, St Elizabeth in June last year, has failed in his bid to have the case transferred to another jurisdiction.
Reece's application was denied by High Court Judge Bertram Morrison in the St Elizabeth Circuit Court yesterday.
In his application, Reece argued that although his client resides in Manchester, he would not be given a fair trial if the matter is heard in St Elizabeth because of numerous postings of the case on social media by family members and friends of the deceased.
Prosecutor Jeremy Taylor, in objecting to the application, said there is nothing to suggest that the accused would not be given a fair trial.
Mr Taylor also suggested that, because the crime was committed using a firearm, the matter could be tried in the gun court without the need for a jury.
In refusing the application for a change of venue Justice Morrison said the application should have been accompanied by a document containing statements from the community of the accused outlining why he would not get a fair trial.
The case will again be mentioned on November 29 in the Circuit Court when a trial date should be set.
On June 23 last year, members of Guardsman security company were in Junction when Mr Clacken, who was said to have bipolar disorder, climbed onto the top of their armoured truck.
During a confrontation with the guards, Mr. Clacken was fatally shot by Mr. Cole.