The Keith Clarke murder case has been pushed back to March 23 for trial.

In court on Friday it was decided to allow Director of Public Prosecutions (DPP) Paula Llewellyn time to present a letter signed by former National Security Minister Peter Bunting, which purports to authenticate certificates of immunity granted to the three soldiers accused of killing the former accountant.

Corporal Odel Buckley, Lance Corporal Greg Tinglin, and Private Arnold Henry were arrested and charged with murder after Clarke was shot more than 20 times inside his Kirkland Heights home in St Andrew during a 2010 military operation.

At the time Clarke was killed a state of public emergency was in effect.

A recent ruling of the Court of Appeal deemed the matter fit to proceed to trial, but before trial a hearing must be conducted to allow the DPP to bring evidence in an attempt to rebut the certificates of good faith issued to the accused by the former minister.

Justice Vinnette Graham-Allen who is presiding over the matter said, “The Court of Appeal likened it to a voir dire, and we all know what happens in a voir dire — something is contested, evidence is called, cross-examination is done, and a ruling given.”

A voir dire is a preliminary examination of a witness or the jury pool by a judge or counsel.

Attorney-at-law Linton Gordon, who is representing Henry, said there was “another aspect of the case” which was very important and worth highlighting.

Gordon said that states of public emergency have provision for certificates to be issued.

“It has been an ongoing practice in Jamaica. It is good that the court now is going to determine it. We expect that this will set the precedent that will guide us going forward.”

Justice Graham-Allen said she recognised that the case is of great public importance for Jamaicans and that the court has been very careful in how it develops jurisprudence.

The DPP responded by saying she is bound to manage the factors of public interest.

“At the end of the day we have to deal with the fact that the deceased, whose family is here, got 21 shots to the back. In the interest of justice, there has to be a balance.”

KC Valerie Neita-Robertson, who is representing Tinglin, sought to remind the DPP that members of the Jamaica Defence Force were also shot in the 2010 incident.

The DPP quipped back, telling Neita-Robertson that the focus of the matter is Keith Clarke.

Justice Graham-Allen highlighted that the court’s role is to “balance the scales of justice, unless I don’t understand the role of the judiciary. I have never in my time seen something like this before. It is incumbent on us to set out the procedure to get to trial. We have jurisprudence in our country. This is a great opportunity to set out the law and the process. Guidance is provided by the Blackstone’s (Criminal Practice) 2023.”