THE prosecution, after pressing to have the Keith Clarke murder trial begin promptly in May because it had its case intact and was ready to proceed, said on Tuesday that it was having difficulty getting witnesses to give evidence in court.

Three Jamaica Defence Force ( JDF) soldiers are on trial in the Home Circuit Court in Kingston in relation to the May 2010 death of Clarke, who was shot more than 20 times, including in his back.

On trial for his death are lance corporals Greg Tingling and Odel Buckley as well as Private Arnold Henry.

“My Lord, we had anticipated that a witness would be called for at least two days — today and tomorrow — but they expressed difficulties for this week with short notice. I ask if we could return on Thursday. We intended to make an application before Your Lordship [on Wednesday] for special measures and we intend to have that witness available as well. The witness said Friday, but I am going to try and see if he can make himself available for Thursday,” prosecutor Latoya Bernard told trial judge Justice Dale Palmer.

“Two witnesses already indicated that they are available for next week,” Bernard added.

However, Justice Palmer bemoaned that the case was losing time.

“We are in July as of Monday. We are losing time with the jurors on Wednesday [today]. Certain things were expedited but we would still have lost a day and we want to see if we can make use of the time,” Justice Palmer said.

In response, Bernard said: “I understand, My Lord, that it might be loss of time in front of the jury, but the court will still be occupied with work because there will be applications and we will be getting Your Lordship’s ruling tomorrow [Wednesday] regarding special measures.”

Special measures means the giving of evidence in civil or criminal proceedings by way of video link or video recording in the manner and circumstances provided for, pursuant to the provisions of the Evidence Act.

“We had intended to have a doctor here in person, but based on the requirements to get him here from India…we might just have to ask for special measures because we would have exhausted all necessary steps,” Bernard added.

Despite her explanation, Justice Palmer insisted that the court should have work for the jurors on Thursday morning.

Valerie Neita-Robertson, King’s Counsel, who is representing Lance Corporal Tingling, questioned whether Wednesday would be a wasted day.

“My Lord, if all of these things would be revealed to the court in time then the matter would flow easier. Even this morning the issue with one of the witnesses could have been dealt with from Monday. We don’t know what is happening from day to day,” an obviously frustrated Neita-Robertson told the court Tuesday.

The jury was instructed to return to court on Thursday morning.

Clarke, a chartered accountant, was shot dead on May 27, 2010 inside the master bedroom of his house at 18 Kirkland Close in St Andrew during a police-military operation.

The operation was aimed at capturing then fugitive Christopher “Dudus” Coke, who was wanted in the United States on drugs and weapons charges.

The soldiers were charged with murder in 2012, two years after Clarke was killed.