Keith Clarke
By Racquel Porter
The trial of the three JDF soldiers implicated in the 2010 fatal shooting of businessman Keith Clarke has been pushed back further until May 6, to facilitate an application in the Court of Appeal to suspend the proceeding until after the appeal.
Presiding judge, Justice Dale Palmer, before adjourning the trial until next month, said it was not prudent to proceed with the empanelling of jurors given the fact that the application to stay the proceedings is to be heard in the Appeal Court on Tuesday.
Corporal Odel Buckley, Lance Corporal Greg Tinglin and Private Arnold Henry were charged with murder in 2012.
Justice Palmer ruled earlier this month that the soldiers are to stand trial following the hearing of a voir dire.
Their legal team has filed an appeal.
But earlier in Monday's proceeding, the defence and the crown sparred over whether the matter should proceed today.
Indicating its readiness to try the 12-year-old case, the prosecutor told the court that there is no stay before the court to delay the trial.
That did not sit well with Valerie Neita-Robertson, KC, who insisted that it is the normal courtesy to the defence whenever there is an appeal.
Mrs. Neita Robertson explained that the application was initially scheduled to be heard on Monday but was postponed.
Moments later the prosecutor said it was brought to the crown's attention that the application went before a single judge in the Appeal Court and was refused.
The prosecutor told the court that the Court of Appeal sent a document to the Office of the Directior of Public indicating that an application for relisting of the stay to be heard before a panel of judges.
Mrs. Neita-Robertson responded, stating that the prosecution is grossly mislead. She conceded that the matter went before a single judge but it was not heard.
She said it was the judge's view that the application should be heard by a panel of judges.
Mrs. Neita-Roberston argued that if the prosecution had read the document they would have understood.
Peter Champagnie, KC, who is represented Mr. Buckley, said the documents were sent on April 26 to the acting Director of Public Prosecutions.
Attorney Linton Gordon, who is representing Mr. Henry, said to be fair to the prosecutor she might have not have seen the email indicating that the hearing has been set for Tuesday.
The judge, in the ruling, said that the main thing is to show fairness to all concerned in the matter.
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