Crown told to ‘ready itself’ as judge refuses to delay Tesha Miller trial

Justice Dale Palmer has dismissed an application by the prosecution to adjourn the trial of alleged Clansman Gang leader Tesha Miller and 24 other accused men until June, ruling that further delay would be unfair to the accused and an improper use of court resources.

“An adjournment to June is definitely not on the table. And so the Crown is going to need to ready itself,” the judge said, noting that the matter has been before the court for some time and that the Crown has had the benefit of two senior prosecutors.

While acknowledging some of the challenges faced by the Crown, the judge said that when the balance is weighed, the significant movement of resources, including time, court resources and counsel resources, as well as the setting aside of court time, means that the defendants would be denied the opportunity to have their day in court for months, or possibly up to a year. He said that when this is weighed against the application, it becomes an untenable option in his view.

The judge, however, accepted that based on the challenges outlined, a short adjournment would be permitted. He indicated that he would rule on the length of the adjournment following the Friday hearing.

Palmer also instructed that the Commissioner of Corrections be invited to the sitting to help reach a solution, following complaints from lawyers that they are not allowed to bring electronic devices into penal institutions to review evidence with their clients and take proper instructions.

Similarly, the judge instructed the registrar to invite the officer in charge of the Communication, Forensics and Cybercrime Division (CFCD) to the Friday hearing to discuss the fast-tracking of outstanding CFCD reports.

All the defendants, including a medical doctor who is the sole accused on bail, appeared in the Home Circuit Court for the start of their bench trial on charges brought under the Criminal Justice Suppression of Criminal Organizations Act, commonly known as the anti-gang legislation.

Criminal acts

Prosecutors alleged that the accused were members of the Clansman Gang and engaged in multiple criminal acts in St Catherine between August 2017 and August 2022.

The charges include murder, conspiracy to murder, attempted murder, robbery with aggravation, illegal possession of firearms, and illegal possession of ammunition.

However, when the matter was mentioned, Deputy Director of Public Prosecutions Yannick Forbes told the court that the Crown was not trial-ready due to incomplete disclosure and outstanding forensic evidence.

He explained that the case spans 16 separate incidents over a five-year period and involves a potential witness list of 99 persons.

Outstanding reports

Forbes said large volumes of disclosure material were only reuploaded last weekend after earlier technical problems and acknowledged that disclosure remained incomplete. He pointed to outstanding cell phone forensic reports, DNA analysis and CFCD reports related to seized mobile devices, some of which are not expected to be completed for several weeks.

He added that reference DNA samples from at least one witness were taken only last week, while samples from some accused persons remain outstanding.

Forbes argued that proceeding in those circumstances could prejudice the accused and urged the court to grant an adjournment to allow the Crown to complete disclosure and better manage the case.

“We make this application not lightly. We certainly consider the rights afforded to the accused. That is the primary basis on which we made the application,” he said, noting that the prosecution had also considered the two-year time standard, which it would still meet if the adjournment were granted.

“But the reality of this particular matter, with so many moving parts, so many different incidents, and so many attorneys and accused persons, is that a June commencement would be good on all counts,” he added.

The prosecutors also explained that Forbes had only come into the matter in December of last year and had requested intervening dates to assess the readiness of the case, but was denied. He further expressed the view that the matter was not being properly case-managed.

Defence attorney John Clarke said he was surprised by the Crown’s application and explained that while he could not readily give a position, he would need to take further instructions from his client, Miller, who is now facing 13 counts on the indictment.

Clarke also raised the issue of lawyers being prohibited from taking electronic devices into correctional facilities, noting that some inmates have been unable to view digital disclosure despite court-issued letters intended to facilitate access.

He told the court that he was informed at one facility that while medical professionals are trusted to take in their devices, the same does not apply to lawyers.

Clarke said that, given the volume and format of the disclosure, it was impractical to have the material printed, raising serious concerns about fairness and the right to a proper defence.

He was supported by other members of the defence team, including Tamika Harrison, who questioned whether lawyers were expected to reenact statements and provide transcripts from audio and video material.

In the meantime, all the accused were remanded except for Robinson, whose bail was extended.

tanesha.mundle@gleanerjm.com