The trial of the three soldiers accused of killing businessman, Keith Clarke, has been delayed again.
It’s now delayed until Monday, May 13.
The trial, which was slated to start on Wednesday in the Supreme Court, failed to get underway due to the absence of transcripts from a preliminary hearing, more formally known as a voir dire.
Supreme Court Judge, Justice Dale Palmer, reluctantly granted an application by the crown to have the trial delayed.
The Crown beseeched the court to allow the postponement.
Robian Williams was in court.
The Crown submitted that it will be necessary to have the transcripts to proceed with its witnesses.
It was further stated that the witness, who was to be called first had a serious medical concern.
The prosecutor noted that if he’s to proceed to another witness it would take away from the foundation of the crown’s case.
The court was also informed that a subpoena will be required for another witness to be present.
The prosecutor told the court that he’s constrained to seek an adjournment until Monday when the transcripts are ready.
The prosecutor said, “though we would be losing time we will be able to catch up and exceed expectations in terms of the length of the trial.”
Justice Palmer said he was perplexed with the application, noting that the crown has always been adamant for the matter to start.
On Tuesday the defence requested that they would need the transcripts.
But the crown insisted that the matter proceed and the transcripts be obtained after.
A panel of seven jurors were empanelled and a decision made for the trial to start on Wednesday.
In court, King’s Counsel Valerie Neita Robertson said the Defence would be hampered in cross examination without the transcripts.
Justice Palmer said that he would facilitate the crown starting their evidence in chief with its first witness.
However, he would delay the cross examining of the witness until the transcripts are available.
He added that he’s not minded to adjourn given the urgency of the matter.
After an initial ruling to have the matter proceed, Justice Palmer reversed his decision following further submissions from the crown about the extent of the witness’ medical condition.
Justice Palmer expressed his disappointment with the crown’s application, but added that under the circumstances it would not be prudent to start.
A decision which the Defence also agreed with.
Justice Palmer warned that no further adjournments will be granted to the start of the proceedings.
The trial is estimated to last for four weeks.
The soldiers, Corporal Odel Buckley, Lance Corporal Greg Tinglin, and Private Arnold Henry, are jointly charged with the murder of businessman Keith Clarke.
Mr. Clarke was shot 21 times at his home in Kirkland Heights, St. Andrew, on May 27, 2010 during a military operation.
The operation was in search of convicted drug lord, Christopher ‘Dudus’ Coke.
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