VIDEO recordings and photos of “some or all” accused in the ongoing trial of 25 alleged members of the Tesha Miller faction of the Klansman Gang, supposedly taken by cops on Tuesday at the Supreme Court in downtown Kingston, are to be scrutinised by trial judge Justice Dale Palmer after concerns were raised by a member of the defence team who saw the episode.

The issue came to the fore on Wednesday morning just ahead of an early adjournment of the trial because of administrative challenges. Defence Attorney Tamika Harris in alerting trial judge Justice Dale Palmer said she on the day in question “observed police officers at the court taking photographs and videos of the accused men as they left the precincts of the court in the (prison) truck”.

“The police officers were there for an extended period, and this was witnessed not just by me, but including (the deputy superintendent of police in charge of court security). All of the police officers were cognizant of the fact that I was saying, ‘these men are on trial, and they are not yet identified by the main witness, and therefore there should be no situation, under no circumstances, where their photographs and videos were taken’,” Harris recounted for the hushed courtroom.

“They (footage and images) were taken by police officers in marked police vests; that was (Tuesday) at about one o’clock. Whilst I was protesting, I was told that I do not need to protest because, “all a dem man ya pictcha inna di police database already”. Those were the exact words that were used,” she reported further.

Wednesday, an acting deputy director of public prosecutions who leads the three member prosecutorial team which has been martialling the evidence in the trial, in responding to Harris’s revelation said the Crown had been unaware of the occurrence.

Justice Palmer in relaying Harris’s observations to the deputy superintendent of police in charge of court security who had been summoned to explain, was at pains to point out that he had “not been told, of any proper basis on which that (taking of videos or photos of accused) ought to be done in the course of a trial, or at all, without the proper authorisation”.

“As you can well appreciate, as the tribunal of fact in this matter, I don’t have statements and so on and so if it is that we are still at a very early stage in these proceedings, I believe it should go without saying…that there ought to be no images or videos taken of any of the defendants during the course of a trial, and if any have been taken, they are to be destroyed. They are to be deleted. It is highly improper,” Justice Palmer who is trying the matter sitting alone stated.

The deputy superintendent of police however in a terse response to the trial judge explained that Harris’ account was “not the case”. He explained that the communications arm of the Jamaica Constabulary Force (CCU) has been compiling a feature on the work of its specialised operations team at various locations where they are deployed.

“So when the persons from the CCU came (Tuesday), nothing specifically of these accused were taken,” he explained adding that when the truck was being boarded the footage taken was only of the police personnel providing safety and security.

Several of the accused however muttered “nah, nooo,” shaking their heads in the negative in insisting that their images had been captured contrary to the indications of the deputy superintendent of police.

Harris was equally adamant.

“Milord, I witnessed the camera pointed to the accused men. The camera, milord, was pointed in the direct location where the accused men were, as they were leaving the court and entering into the truck, and there were also videos being taken, so I’m not sure how the photographer is going to be able to distinguish or to highlight only the images of the SWAT team..” she declared.

Said Justice Palmer, “if there are images that capture any of these defendants, it is not to be published; it is not to be shared. It is not to be reproduced, really, it ought to be obliterated from any of these recordings. I believe it should go without saying that it ought not to be shared or reproduced to witnesses in this matter. That really ought to go without saying”.

Defence attorney Petreta Gabbidon wading into the discussion maintained that, “as it stands now, we are taking it that the men’s identity are compromised, unless we can get those equipment here to see what was taken at the time and dissected”.

“We don’t know what was taken at the time, and for my clients, they have seen their pictures and videos being taken…based on what Miss Harrison said that the data images are already in the database, it is concerning for the defense,”Gabbidon said.

Justice Palmer however was not in full agreement with Gabbidon’s reasoning pointing out, “I’m wondering, when you say identity compromised. We’re not at the stage where persons are going to be taken to, for example, an identification parade for persons to say I may or may not know the persons and would now have the benefit of identifying them and of course, I don’t know that there’s a point where we will be going into dock identification of anybody who doesn’t know or purport to know particular individuals. While I do take the concern, when you say identification has been compromised, we are not at the stage where persons are just held and an identification parade is to be conducted”.

Justice Palmer in noting that “it made no sense that an open and obvious exercise recording of the men” where it could be seen by an attorney who objected could be done for nefarious reasons said “I’m just saying we just have to be practical”.

“I have given the directive that, if it is just out of an abundance of caution, there is an image that was taken, whether intentionally or inadvertently, an image of done, that it is not to be reproduced or shared. But what benefit, could there be at this stage when all 24 gentlemen that are in custody are accessible after this court rises, if that was the objective,” he said.

When Harris responded with, “Milord, with due respect, we care not what the objectives are because I cannot make any assumptions,” Justice Palmer said, “I’m saying you’re saying that there is a potential that it could be used to compromise the evidence of witnesses in this trial. I asked question rhetorically, of course, what advantage would there be to do it in such (a fashion)? It is as if somebody were to come into the (courtroom) now and start recording them? What advantage would there be to do it in that moment? “

“Stranger things have happened, and I have been practicing only for about 20 years, and I have heard instructions from clients that I thought were ridiculous until investigations prove otherwise. I have been to identification parades when the sergeant asked the witness ‘have you seen these people’s images before?’ and the witness said, for example, ‘yes, the police show me at the Elleston Road Police Station’. You might ask. Why will the police do that, knowing that the witnesses are going to be placed on a native parade? And we ask why, all the time,” Harris insisted.

Commenting further Harris said, “Milord at least the police ought not to be given just a warning I think the matter ought to be (escalated). Perhaps the Commissioner of Police needs to explain why police officers are taking photographs of accused men in the middle of a trial. I think it ought to be escalated, my lord, so that it does not repeat itself, and we are merely told, Oh, we’re following a particular squad, because police officers ought to know better”.

Justice Palmer in then requesting sight of the material said, “if I can have it by Monday, or at least an indication as to how soon that it can be had, so that I can better respond and advise myself”.

The Judge was subsequently told the footage would be made available to him by Wednesday afternoon. The trial in the meantime was adjourned to Monday (March 16) at 10 am. The 25 accused — the second faction of the gang to now be tried by the courts — are to answer to 16 offences allegedly committed over the span of five years between August 2017 and November 2022, according to the case being built by the Crown.