TRIAL judge Chief Justice Bryan Sykes, in stating that only an undercover source or an insider was capable of giving hard evidence in gang trials, on Tuesday said he was satisfied that another four of the accused in the ongoing Klansman Gang trial are card-carrying members of the organisation and participated in an August 2017 murder at Price Rite, St Andrew, on the instructions of leader Andre “Blackman” Bryan.

Two Crown witnesses who happen to be former gang members, in testifying, had said they were part of the various trips to kill Damaine Forrester O/C Doolie. At one time or another, they said the accused Andre Golding, O/C Rae Tae Blacks; Fabian Johnson, O/C Crocs; Tomrick Taylor; and Jahzeel Blake were involved in the excursions to seek out the victim. An individual named Sussman (not on trial) was said to be the shooter selected. Another individual, known as Damion Doyle (deceased), was also involved.

After three attempts and after allegedly being marked for death by Bryan because he was said to be a member of the rival Tesha Miller faction of the gang and was also said to be related to two members of that outfit, Forrester was murdered outside the supermarket where he worked.

The trial judge, who has been disclosing his findings at the end of his almost month-long summation, on Tuesday morning noted what he described as a “remarkable coincidence” of the people identified by Witnesses One and Two as being present at the time of the shooting.

He said in the absence of evidence of “direct interference or collusion” between the witnesses, “the best explanation” for both witnesses naming similar accomplices and details was that it was the same incident.

“There is this remarkable coincidence of time, opportunity, and who did the shooting. So in the absence of evidence of collusion or the police coaching both men to be united in telling a lie, then the best explanation is that both men were there and saw what they said they saw and it also coincides with the evidence given by [an employee] who was walking with Doolie [the night he was killed],” the judge said.

He said the difference in detail in the testimonies of the witnesses were not significant enough for him to find that the incident did not occur.

He also said that while there was no evidence Bryan was present at the scene of the shooting or during any of the other failed attempts, the court was still satisfied that he was involved.

He said the court was also satisfied that Crown Witness Number One, who identified Bryan from a photo line-up prior to the trial, had not been given any unfair advantage or assistance in picking him out.

In relation to the accused who were linked to the murder, the trial judge said, “I am satisfied so that I feel sure that [Witness Number One] knows Mr Fabian Johnson, had prior knowledge of him, and interacted with for years… I am satisfied so that I feel sure [Witness Number One] knows Mr Andre Golding for the period he said he did.”

Justice Sykes further stated that while he was aware that the two witnesses are accomplices and could be lying, they had “not made themselves out to be anything other than criminals”.

“In cases like these, the persons we are going to find giving evidence are not people like Bishop Herro Blair, Father Holung, Mother Teresa, or Bishop Gregory, and all of those kinds of persons. So one has to approach with scepticism and caution, but one also has to be realistic about matters of this nature. It would be quite remarkable to get evidence about how a criminal organisation operates without either getting an undercover person or evidence from someone who was actually inside the organisation. Nowhere on the face of this Earth do we get persons who are not involved in criminal activity or not an undercover person giving evidence about how a criminal organisation operates,” he stated.

Justice Sykes said he was satisfied on the evidence that Golding, Johnson, both witnesses, Taylor and Blake, are part of a criminal organisation and were acting then on the instructions of Bryan.

In the meantime, he said the rest of the evidence which established the existence of a criminal organisation came from Count 25, which though struck out earlier in the trial due to the fact that the Crown had been unable to prove that the intended target – a man known only as Ice even existed – still had utility in proving that the gang was real.

He said the account of Crown Witness Number Two in particular about that scheme was to be believed and that there was a plan to kill Ice, who was said to be linked to the rival faction of the gang.

The trial judge said he was satisfied that Bryan, Stephanie Cole Christie, and the others who were on the trip to Ewarton were part of the gang.

Meanwhile, Justice Sykes on Tuesday declared as “useless to the Crown’s Case” counts five, 14, and 17 of the indictment, stating that there was “a lot of information but no evidence”.

Count Five involved the 2017 murder of two men from Denham Town on a netball court in Waterloo Lane, Spanish Town, supposedly at the hands of the accused Chevroy Evans (who the judge declared not guilty earlier in the trial) and the co-accused Daniel McKenzie, Marco Miller, Dwight Hall, Pete Miller, Andre Smith, and Kemar Harrison. In relation to Count Five Justice Sykes said, “The evidence of identification in my view is unsatisfactory, there was no evidence of lighting… it wouldn’t pass the standard in terms of identification so the evidence of [Witness Number One] does not advance the Crown’s case.”

Count 14 had charged Michael Whitley, Marco Miller, Chevroy Evans, Brian Morris, Andre Bryan, Jahzeel Blake, Andre Golding, and Tareek James with the 2017 murder of a bus driver in the Spanish Town Bus Park. Likewise, Count 17, which had charged the accused Marco Miller, Chevroy Evans, Brian Morris, Andre Golding, Ricardo Thomas, and Marco Whitely with facilitating the 2018 murder of a man known as “Tesha Bus Driver”.

There are 26 alleged members of the gang remaining before the court after the trial judge on Tuesday freed the accused Carl Beech after declaring that there had been insufficient evidence to establish that he was a member of the gang, had facilitated the commission of any offence, or had participated in the commission of any criminal activity with the gang.

Six individuals have so far been freed of the original 33 who were placed on trial, while one defendant, Andre Smith, who was out on bail was killed.

The matter continues at 10:00 this morning at the Supreme Court in downtown Kingston.