Judge refuses prosecutor’s bid to eject media

Prosecutor Kathy-Ann Pyke’s attempt on Friday to have the media excluded from the courtroom while she made a special application in the murder trial of six cops was rejected by judge Sonia Bertram-Linton.

The cops are on trial for murder in the Home Circuit Court in Kingston, in relation to the January 12, 2013 shooting deaths of Matthew Lee, Ucliffe Dyer, and Mark Allen. The three were killed during an alleged shoot-out with the police on Acadia Drive in Barbican, St Andrew.

On trial for murder are Sergeant Simroy Mott, Corporal Donovan Fullerton, along with constables Andrew Smith, Sheldon Richards, Orandy Rose, and Richard Lynch. Corporal Fullerton is also charged with making a false statement to the Independent Commission of Investigations.

Pyke told Bertram-Linton that there was a matter she wished to raise without the media being present.

“It is very, very serious, Milady, and I do not wish to have anything reported in the newspaper. I believe far too many things are being eagerly published by reporters in such a fashion that I can only regard as sensational. There are certain things I wish to say excluding them,” Pyke said.

However, the judge told Pyke that she would give her three options: “You can do it in open court with everybody who is entitled to be here, or you approach the bench. Oftentimes, when you approach the bench they can still hear what we are saying or read our lips. Or we can go to chambers if you need to be private.”

Pyke accepted the last option, telling the judge that she truly thought there was a need to be private.

Defence attorney Hugh Wildman indicated to Bertram-Linton that he was not interested in an in-chamber meeting with Pyke. However, the judge encouraged him to attend the meeting.

Wildman complied.

Also on Thursday, Wildman complained to the judge that the cops were being subjected to unfair treatment.

“The gravamen of my complaint is that, based on the way the prosecution is conducting this case, the defence is being prejudiced. Not only are we prejudiced when the prosecutor, almost daily, submits overnight, notices to adduce statements as if we are a treadmill. At 3:00 am we are being served with statements. By the time I am ready to come to court, more statements are being served. This has been going on constantly so this trial will not end. I don’t know if we will be here to 2027,” he said.

“Every day like a treadmill, it just keeps turning over where statements are being served by Miss Pyke. This incident took place in 2013; we are now in 2026 going to 2027 and every day, every week, statements are being turned out. This trial is going down in history in terms of the conduct of the prosecution,” Wildman said.

The other defence attorneys are John Jacobs and Althea Grant-Coppin.

The trial continues next week.