Defence requests time to ‘digest’ judge’s ruling
Defence attorneys in the ongoing trial of 28 remaining individuals accused of being members of the Klansman gang will, on Wednesday, begin mounting their case after pleading for time to “digest” the ruling by Chief Justice Bryan Sykes that their clients all have cases to answer in the matter.
The ruling, which was made on Monday without flair at the Supreme Court in downtown Kingston where the trial has been unfolding since September last year, evoked no reaction from the accused in the dock who looked on glumly, a far cry from the jubilation and smugness when five of their co-accused had been ordered released in May.
On Monday, several defence attorneys, in the wake of the ruling, indicated to the court that they would be calling witnesses to take the stand for their clients, while others indicated that they would be seeking the court’s assistance to subpoena the custody diaries for their clients and admission books from the correctional facilities.
After defence attorneys close their case, prosecutors will make their closing arguments. The judge will then sum up the evidence and deliver a verdict.
On Monday attorney for Andre “Blackman” Bryan, Lloyd McFarlane, was the sole member of the defence team ready with a response, announcing that his client would be making an unsworn statement from the dock.
A subdued Bryan who is charged with, among other things, being the leader of a criminal organisation — Klansman/One Don gang — declared his innocence in his characteristically halting way of speaking.
Bryan, hair matted, eyes darting, and clutching a microphone in his right hand, his left hand resting in his left pocket, said, “I am 38 years old. I occupy (premises) in the Jones Avenue community in Spanish Town. My occupation is music. I have never been convicted of any criminal offence. I was arrested on the fourth day of March 2018. I did not do the things the witnesses say I did. I did not give any orders or instructions to kill anyone.”
Continuing, he said, “I know nothing about extortion money. I am not, nor never have I been, a part of any criminal gang. I did not shoot anyone at the New Nurseries or Fisheries community; I wasn’t there. I am innocent of these charges, Milord.”
Bryan’s attorney, asked by the trial judge, “Anything else, Mr McFarlane?’ said “That is it, Milord, that is the case for Mr Bryan”, indicating that he would not be calling any witnesses.
The Crown, in opening its case on September 20, 2021, has said the accused individuals, which comprise the “Blackman faction” of the gang under Bryan’s leadership, had various roles in which they acted as “killers, drivers, lookout men or watchmen, gunsmiths, and foot soldiers”.
The Crown is alleging that between 2015 and 2019 the accused carried out a range of murders, conspiracies to murder, extortion and arson throughout St Catherine. It said the gang’s headquarters at Jones Avenue in Spanish Town was used by gang members for planning their exploits and was also where briefing and debriefing in respect of crimes took place.
The court also heard that this was where transactions, such as the sale and purchase of guns to carry out murders, were done. Several members of the gang, in their roles as “foot soldiers”, the court was told, were responsible for ensuring that murders ordered were executed and that extortion monies were collected.
The case, which includes the largest number of accused ever to be tried together in a single matter, is being handled by 40 attorneys. The accused are being tried under the Criminal Justice (Suppression of Criminal Organisations) (Amendment) Act, commonly called the anti-gang legislation, with several facing additional charges under the Firearms Act for crimes allegedly committed between 2015 and 2019.
All the accused, when arraigned on September 20 at the start of the trial, pleaded “not guilty” to the charges against them.
The offences for which they are being charged include being part of a criminal organisation, murder, conspiracy to murder, arson, illegal possession of firearm, and illegal possession of ammunition.
The matter continues on Wednesday morning at 10:00.