PROCEEDINGS went as far as the first witness taking an oath in the Home Circuit Court in Kingston on Monday. However, due to the unavoidable absence of one of the main defence attorneys the Keith Clarke murder trial, which has been plagued by delays, was adjourned until today.

“Once again we are here where an issue arises. I am met with my words last week that barring anything unforeseen, we would proceed. This is unforeseen,” trial Judge Dale Palmer told the court.

On trial for the May 2010 murder of Clarke are Jamaica Defence Force (JDF) soldiers lance corporals Greg Tinglin and Odel Buckley as well as Private Arnold Henry.

King’s Counsel (KC) Valerie Neita-Robertson, who represents Tinglin, was unwell on Monday and despite every effort, was unable to attend court.

Her junior, John-Mark Reid, was holding in her place with the hope that she would eventually attend, however, it did not happen.

Buckley’s attorney Peter Champagnie (KC) appealed to Judge Palmer to adjourn the case until today.

Attorney Linton Gordon represents Henry in the matter.

The three soldiers were charged in 2012, two years after Clarke was shot dead inside his house in Kirkland Heights, St Andrew, during an operation by the security forces to capture then fugitive Christopher “Dudus” Coke.

In 2012 the Office of the Director of Public Prosecutions (ODPP) said it carefully examined the contents of the case file which includes witness statements as well as forensic, pathologist and ballistic reports.

Since 2012 the case has encountered numerous hurdles, causing it to be adjourned repeatedly.

In 2012, Director of Public Prosecutions Paula Llewellyn issued a statement saying, “This was a voluminous file and the investigation and subsequent consideration of this material has taken some significant time. Our examination of this matter involved the requisite legal research and a consideration of the available evidentiary and public interest factors as outlined in the Jamaica Prosecutors Protocol recently published by this office. After consultation with the team of prosecutors assigned to deal with this matter, and a thorough review of the material, including a detailed legal opinion, please be advised that I have today issued a ruling in the referral of the Independent Commission of Investigations (INDECOM) in the fatal shooting of Mr Keith Clarke on May 27, 2010 at 18 Kirkland Heights, St Andrew.

“This ruling was transmitted to the INDECOM Commissioner Mr Terrence Williams, Commissioner of Police Mr Owen Ellington, the assistant commissioner of police in charge of the Bureau of Special Investigations, and the chief of staff of the Jamaica Defence Force Major General Antony Anderson. The usual protocol dictates that it is the investigative authorities who requested the ruling and not the Office of the Director of Public Prosecutions who disclosed the actual contents of the ruling. Therefore, any queries in respect of the contents of the ruling should be directed to the previously named investigative authorities.”

Current Chief of Defence Staff Vice-Admiral Antonette Wemyss-Gorman was present in court on Monday. She entered and exited the courtroom through a door at the back that is rarely opened.

She was seen conversing with the soldiers on trial following the adjournment.