SUPREME Court Justice Vinette Graham-Allen Tuesday chastised the police after the court was informed that the case file in the matter involving three members of the Jamaica Defence Force (JDF) — who are accused of murdering accountant Keith Clarke at his Kirkland Heights house in St Andrew almost 13 years ago — was incomplete.

Clarke was killed inside his house during what was said to be a search for then fugitive, Christopher “Dudus” Coke.

The JDF soldiers — Corporal Odel Buckley, Lance Corporal Greg Tinglin and Private Arnold Henry — are facing murder charges in the matter.

On Tuesday a peeved Justice Graham-Allen told Director of Public Prosecutions (DPP) Paula Llewellyn, who leads the prosecution’s team in the matter, that the issue of the unready files is “a serious problem”.

“When the court makes an order, statements are to be submitted. When I am told that statements are outstanding that must be served on the defence, they don’t understand that they must put the prosecution in a position to obey the court’s order that it must be disclosed.

“Defence counsel needs to get it, look at it, speak with their clients, and take instructions. I was hoping I would have a senior officer in court to understand the process. It is killing this court; that is why I am taking the opportunity to explain that the prosecution must be put in a position to comply with the court’s order. When I say submitted, I mean submitted to the prosecution and the prosecution has to disclose it by the deadline. It is a serious issue and the JCF [Jamaica Constabulary Force] needs to understand.”

In an attempt to appease Justice Graham-Allen, Llewellyn explained that a meeting has been scheduled with the top brass of the police force to iron out the issues. She stated that she, along with a deputy DPP, would engage the commissioner of police and other members of the High Command, as well as select divisional heads, by Friday.

“We will be exchanging a list of concerns that the police may have in relation to the administration of justice that we have some sort of control over. We also will put a list to them in relation to concerns that we have,” Llewellyn said.

Sounding quite pleased, Justice Graham-Allen said, “Thank you, DPP, because it is causing a problem and sometimes causes the case to be delayed and trial dates have to be changed.”

The trial of the three soldiers was halted in 2018 to allow the court to determine the legality of immunity certificates (“good-faith certificates”) that were issued to them by then National Security Minister Peter Bunting.

A Court of Appeal ruling handed down recently states that the impact of the good-faith certificates issued in 2016 must be decided by a trial judge.

The matter resumed on Tuesday, after it was ruled the certificates were invalid and that the trial should go on.

Justice Graham-Allen had previously expressed intention to settle on a trial date by February 21. The senior judge had also indicated that she was aiming for an April trial date.