Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • Videos
  • Career & Education
  • Classifieds
  • All Woman
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Design Week
Judge annoyed by defence’s evasive replies
.
News
Alicia Dunkley-Willis | Senior Reporter  
June 2, 2026

Judge annoyed by defence’s evasive replies

A “slew” of last-minute applications from attorneys representing accused gangster Tesha Miller on Monday effectively stalled the Crown’s attempt to begin a fresh round of submissions in its continued push to have a dead woman’s statement tendered into evidence. There was also a lengthy exchange with defence attorneys that left the usually even-tempered trial judge Justice Dale Palmer visibly annoyed.

The identification of the dead woman, Shaniece Roberts, has been a bone of contention in the matter for several weeks now with numerous submissions by both the Crown and the defence as they battle over the admission of her photograph into the trial’s records.

After recalling two witnesses and introducing a fresh photograph last week, Justice Palmer had cleared the Crown to continue submissions under Section 31 (D) of the Evidence Act to have Roberts’s statement put on record in the trial on June 1.

The application, in effect, is to allow the introduction of statements as evidence in court when the witness cannot testify live — usually due to death, illness, being abroad, or being unable to be found after reasonable efforts. Roberts provided a statement to cops ahead of her demise from health complications. This was related to the Friday, February 7, 2020 murder of a man called Noah Smith at Yarico Place in St Andrew. The offences to which the statement is connected are contained in counts 15 and 16 of the indictment. The accused — Michael Wildman, Jerome Spike, Nashuan Guest, and Geovaughni McDonald — are being tried for “knowingly facilitating the commission” of that robbery and murder.

However, on Monday when the matter resumed, requests from defence attorneys Denise Hinson and John Clarke, who represent Miller, made it clear that the Crown’s application would be put on hold.

According to Hinson, the defence, in retrospect, had decided that it would need to view all the photos submitted to the Crown by an acquaintance of Roberts who last week told the court that she had sent “several” photos from which the Crown selected one which was shown to witnesses.

There was a testy exchange as the trial judge attempted to get a direct answer on whether the defence was requesting an adjournment to allow the Crown to satisfy the request.

Justice Palmer pointed out that the defence had closed its case on the
voir dire relating to the photos last week and had indicated that they would not be calling any witnesses. He scolded the defence, noting that the request would amount to a “delay” and could have been avoided.

Hinson said she was not aware that the defence had closed its case as she might have been “absent” from the courtroom at the time. She went further to note that the defence also had “grave” concerns about whether the investigator who had turned over the photographs to the Crown was, in fact, the detective constable who identified Roberts from photos. The judge, in allowing the Crown to recall the two witnesses, had barred it from making any direct contact with either.

According to the defence, it needed to be certain that the Crown had complied. Attorney John Clarke, in doubling down on Hinson’s requests, told the trial judge that the defence was requesting, in writing, information about “the circumstances in which those witnesses were informed to come back to court to be recalled, and to disclose the photographs, to whom the photographs were disclosed, and who ultimately took the decision to cherry-pick one”.

Said Justice Palmer, “I know all of this, but in the interest of justice and fairness, it’s unfortunate that when we had the time last week all these things were not raised… It’s unfortunate, in the interest of justice and fairness, that today when we are to hear the application is when all these issues are being raised.”

He then asked Clarke whether given the myriad items requested, the defence was asking for an adjournment.

“Milord, you are the umpire of fairness. And bear in mind, Milord, that when a decision was made to allow the witnesses to be recalled that would trigger automatically enhanced disclosure obligations on the prosecutor or prosecuting authority to ensure that no injustice is done by that process,” an evasive Clarke replied.

Justice Palmer tried again.

“I’ve not yet even heard whether or not the application is to adjourn the application, which is all I’ve asked. If the position is that we’re going to adjourn the application, then say so. Nobody wants to say, ‘Yes, that’s our application’…Fairness also includes a timely disposal of this matter, and that’s why I want to have an idea, when you’re requesting these things, if you appreciate that it necessitates an adjournment of the application, which nobody wants to accept. How can a statement or statements to find out from her who she’s spoken to and what they did and all be done today for us to hear the application? She gave evidence, Wednesday of last week, so the short answer is, ‘We need to adjourn the application,’ ” he said.

Clarke pithily replied, “Justice rushed is justice crushed, and we don’t want justice crushed.”

The judge cuttingly retorted, “We don’t want the platitudes, counsel, I just want a direct answer! That is what annoys, just tell me directly what it is you’re asking for. Is your application for an adjournment of the application? That’s what you need to say.”

Several exchanges later the matter was adjourned to allow the Crown to produce the material requested by the defence.

“It is clear that we’ll not hear this application today, because no right-thinking person could think that the things that counsel has just alluded to can be obtained today, or for us to even hear this application…How on earth could that be done today, so why not just say that? And we have to be almost an hour later to get to this point, to get to what was obviously the position from the beginning…I am not afraid to say [the word] ‘annoyed’. It is annoying, because we had the time last week,” Justice Palmer said firmly.

The Crown is expected to continue with the application on Wednesday when the matter resumes in the Home Circuit Division of the Supreme Court in downtown Kingston.

CLARKE... justice rushed is justice crushed, and we don’t want justice crushed

CLARKE… justice rushed is justice crushed, and we don’t want justice crushed

{"xml":"xml"}{"jamaica-observer":"Jamaica Observer"}
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Man fatally shot by licensed firearm holder at St Elizabeth bar
Latest News, News
Man fatally shot by licensed firearm holder at St Elizabeth bar
November 4, 2026
ST ELIZABETH, Jamaica— A man was fatally shot by a licensed firearm holder during a dispute at a bar in Top Hill, St Elizabeth, Tuesday night. Police ...
{"jamaica-observer":"Jamaica Observer"}
Abdul El-Sayed makes history as first Muslim elected to US Senate
International News, Latest News
Abdul El-Sayed makes history as first Muslim elected to US Senate
November 4, 2026
DETROIT, United States (AFP) — Democrat Abdul El-Sayed won Michigan's US Senate race over former Republican lawmaker Mike Rogers, US networks said ear...
{"jamaica-observer":"Jamaica Observer"}
Opposition, not Gov’t, responsible for ‘unparliamentary behaviour’ in House — Morgan
Latest News, News
Opposition, not Gov’t, responsible for ‘unparliamentary behaviour’ in House — Morgan
November 4, 2026
KINGSTON, Jamaica — Deputy Leader of Government Business Robert Nesta Morgan has condemned the conduct of Opposition Members of Parliament (MPs) durin...
{"jamaica-observer":"Jamaica Observer"}
Green gets to work at new Ministry of Mining and Geology
Latest News, News
Green gets to work at new Ministry of Mining and Geology
November 4, 2026
KINGSTON, Jamaica — Minister of Mining and Geology, Floyd Green, has hit the ground running at the newly-created Ministry of Mining and Geology as he ...
{"jamaica-observer":"Jamaica Observer"}
Latest News, News
WATCH: House in turmoil over Cuba censure motion
November 3, 2026
A motion seeking to censure the Government over Jamaica's abstention on a United Nations resolution against the US embargo on Cuba triggered heated ex...
{"jamaica-observer":"Jamaica Observer", "breaking-news":"Push Notifications"}
Byron Donalds becomes Florida’s first black governor
International News, Latest News
Byron Donalds becomes Florida’s first black governor
November 3, 2026
Donald Trump-backed Byron Donalds won the governor's race in Florida, becoming the state's first black governor. He defeated Democratic candidate Davi...
{"jamaica-observer":"Jamaica Observer", "breaking-news":"Push Notifications"}
Tensions flare as Phillips,  McKenzie clash in Parliament
Latest News, News
Tensions flare as Phillips, McKenzie clash in Parliament
November 3, 2026
KINGSTON, Jamaica — An altercation occurred in the House of Representatives involving Manchester North West Member of Parliament Mikael Phillips and  ...
{"jamaica-observer":"Jamaica Observer"}
Democrat Keisha Lance Bottoms becomes first Black woman governor in US
International News, Latest News
Democrat Keisha Lance Bottoms becomes first Black woman governor in US
November 3, 2026
WASHINGTON, United States (AFP) -- Democrat Keisha Lance Bottoms, a former Atlanta mayor, won the race for governor in the southern state of Georgia o...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct