Apparent police diary discrepancies put Clansman trial on two-week hold

Administrative matters relating to police diary entries and a change of defence counsel for one of the accused forced an early adjournment in the ongoing Clansman Gang trial in the Home Circuit Court yesterday.

The matter involves alleged gang leader Tesha Miller, who is indicted alongside 24 other men in connection with activities linked to the reputed Clansman Gang.

During proceedings, defence attorney John-Mark Reid, who appears alongside John Clark for Tesha Miller and co-accused Kemar Miller, raised concerns about several entries contained in a diary from the now disbanded Counter-Terrorism and Organised Crime Investigation Branch (C-TOC) Special Operations unit.

After reviewing the document, Reid pointed to what he described as numerical discrepancies in several entries.

“We are grateful for the court’s indulgence in having same be subpoenaed. We are making a formal requests, My Lord, for specific entries,” Reid told the court.

He referenced entries six, seven, 18, and 24 dated September 26, 2018; entry 16 dated September 27; entries 14, 15, and 16 dated September 28; as well as entries 23, 25 and 31, dated October 1, 2018.

He further indicated that entries numbered 21, 20, 27, and 28, dated October 2, 2018, also appeared to contain numbering errors.

The defence subsequently requested formal certified copies of the relevant diary pages.

A superintendent of police attached to the C-TOC Special Operations unit told the court that the extraction and certification process would take approximately two weeks.

He was ordered to return, or send a representative, with the documents on March 24.

The court also requested entries from the diary of the Half-Way Tree Police Station for review.

Those documents are expected to be produced by March 17.

Reid told the court that the defence intends to recall a detective inspector and continue cross-examination of a detective corporal when the entries are properly before the court.

In the meantime, the court also addressed a change in legal representation for one of the accused men, Carlos Pottinger.

Pottinger is now being represented under Legal Aid by attorneys Linden Wellesley and Petreta Gabbidon.

JUDGE NOT PLEASED

However, the presiding judge, Justice Dale Palmer, expressed displeasure with the manner in which the transition occurred, noting that Pottinger’s former attorney should have formally appeared before the court to indicate that they were no longer representing the accused.

“Are you prepared to have learnt Counsel Mr Wellesley and Ms Gabbidon take the baton, as it were, and continue to represent you, and to do so on a Legal Aid assignment?” Palmer asked Pottinger.

“Yes, sir,” Pottinger said.

“I’m not pleased, but I’ve heard from the defendant that he is prepared to have you continue as counsel of his choice, but I, for a counsel of your seniority and some not as senior, I should think that that is not where we are. I would like to think, I should say, that is not where the profession is, but unfortunately, there are certain trends I have seen that have emerged over the years, and I am certainly not the most senior, but there are some trends I find that are most undesirable, one, and set the wrong example to newer counsel coming into the profession,” Palmer said to Wellesley.

“Those undesirable trends will be arrested as quickly as possible,” Wellesley replied.

The court granted the new attorneys time to familiarise themselves with the case and the charges faced by their client.

Pottinger remains charged under count two of the indictment, which alleges participation in a criminal gang.

The trial is scheduled to continue today.

andre.williams@gleanerjm.com