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Prosecution rests; defence to begin no case submissions May 24
SYKES... instructed the Crown to prepare and release to defence attorneys and the court registrar a document outlining all the evidence against each accused relating to the specific charges against each of the defendants
News
May 11, 2022

Prosecution rests; defence to begin no case submissions May 24

After nearly seven months of evidence, the prosecution on Tuesday rested its case in the trial of 33 alleged members of the St Catherine-based Klansman Gang charged with breaches of the Criminal Justice (Suppression of Criminal Organisations) (Amendment) Act, commonly called the anti-gang legislation, and the Firearms Act.

At 10:20 am, after the final witness dismounted the stand, a senior prosecutor took the floor and indicated, “that, may it please you, mi lord, is the case for the Crown”.

That indication paves the way for defence attorneys to fully respond to the charges against their clients and to even recall witnesses.

Trial judge Chief Justice Bryan Sykes, addressing the Crown in this respect, mandated it to — by Friday, May 20 — prepare and release to defence attorneys and the court registrar a document outlining all the evidence against each accused relating to the specific charges against each of the defendants.

“While that is going on, it will present an opportunity, so in the event that the defence may wish to have witnesses recalled this is their window of opportunity, not to say that you must, but it is a window of opportunity,” the trial judge said. Defence attorneys, he added, must communicate this to the Crown and the registrar for the criminal court by next week Tuesday, May 17.

In the meantime, the chief justice said members of the defence bar wishing to make no-case submissions on behalf of their clients can begin doing so on May 24.

Kimani Brydson — attorney for the accused Daniel McKenzie, Tomrick Taylor and Owen Ormsby — requested the court’s permission to have Witness Number One, an ex-gang member turned Crown witness, return to the stand for further questioning in relation to recordings of conversations between himself and his cronies that he secretly recorded and turned over to the cops.

It is expected that the witness, who had been testifying from a remote location for the duration of the trial, will be recalled on Thursday morning as prosecutors asked for time to allow the equipment at the location to be reassembled.

All 33 accused, who are being tried under an indictment containing 25 counts, when arraigned on September 20 at the start of the trial last year, had pleaded “not guilty” to the charges against them.

The offences with which they are charged include being part of a criminal organisation, murder, conspiracy to murder, arson, illegal possession of firearm, and illegal possession of ammunition. Accused leader of the gang Andre “Blackman” Bryan is charged with, among other things, being the leader of a criminal organisation: Klansman gang/one don gang.

Others answering to the charges are Bryan’s brother Kevaughn Green (supposedly second in command), Tomrick Taylor, Damaine Elliston, Kalifa Williams, Daniel McKenzie, Michael Whitely, Pete Miller, Dylon McClean, Dwight Hall, Carl Beech, Lamar Simpson, Donavon Richards, Tareek James, Stephanie Christie, Fabian Johnson, Jahzeel Blake, Roel Taylor, Rushane Williams, Kemar Harrison, Joseph McDermott, Jermaine Robinson, Rivaldo Hylton, Jason Brown, Andre Golding, Marco Miller, Chevoy Evans, Brian Morris, Andre Smith, Dwayne Salmon, Ricardo Thomas, Ted Prince, and Owen Ormsby.

The Crown is alleging that the accused, between 2015 and 2019, carried out a range of murders, conspiracies to murder, extortion and arson throughout St Catherine. It said the gang’s headquarters at Jones Avenue in Spanish Town was used by gang members for planning their exploits and was also where briefing and debriefing in respect of crimes took place.

The court also heard that this was where transactions, such as the sale and purchase of guns to carry out murders, were done. Several members of the gang, in their roles as “foot soldiers”, the court was told, were responsible for ensuring that murders ordered were executed and that extortion monies were collected.

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