Guard accused of fatal shooting of Haile Clacken offered bail
MANDEVILLE, Manchester — Attorney-at-law Dwight Reece, in making a bail application for his client at the Balaclava Courthouse yesterday, said that the issues in the case involving the death of mentally ill St Elizabeth man Haile Clacken, as put forward by the prosecution, were narrow.
He was representing security guard Shawn Cole, who allegedly shot and killed 36-year-old Clacken after he climbed on to an armoured truck, which he was driving, in the Junction area on June 23.
The deceased, a former educator and journalist, was reportedly diagnosed with bipolar disorder more than a decade ago. His death sparked outcries that an innocent life was taken as well as appeals for more public education on mental health.
Yesterday, Cole was granted bail in the sum of $1 million when he made his first court appearance.
The conditions attached to the bail offer are that the security guard will need one or two sureties, he must report to the Mandeville Police Station on Wednesdays and Saturdays between the hours of 6:00 am and 6:00 pm as he resides in Manchester, he should surrender his travel documents, a stop order has been placed on him, and his fingerprint is to be taken.
Cole, 38, is scheduled to return to court on August 23.
Reece, in defending his client, said more than the death must be taken into consideration in assessing the matter.
“It is not my intention to inflame any passion [but] the issues are very narrow. The gruesomeness of the case alone cannot be considered,” he said.
Reece said that Cole was licensed to have a firearm and was only carrying out his duty to collect other people’s property for which he would be held responsible if anything went wrong.
He said that there is no indication that Cole would not have come forward, as on the same night of the incident he willingly gave a statement to the Junction police.
Reece said that it was after statements were taken from “diverse witnesses” that his client was called in by the Black River Police and was charged with murder.
A concern expressed by Reece is that he did not have access to the initial statement given by Cole and those given by his two colleagues who were also in the armoured truck on the afternoon the incident occurred.
He argued that his client has no previous convictions.
Presiding judge John Tyme said there was no evidence given by the prosecution that indicated that Cole, if granted bail — would interfere with witnesses or the police investigation — not turn up for his trial, or go out and commit a similar offence.
He said, too, that the statements of eyewitnesses have not been tested by cross-questioning.
Tyme said that the court cannot impose emotions when making decisions.
“Emotion is like an unruly horse that will take you all over the place. I cannot see any reason why Mr Cole cannot be granted bail,” he said.
Tyme announced during the proceeding that he knew that there were “interested parties” in relation to the case in the courtroom but he would not be tolerating any outbursts.
Despite the presence of family members and what appeared to be close friends of the deceased, the proceedings took place without any fanfare at the courthouse in the rural Balaclava community.
Mother of the deceased Lilieth Clacken told the media outside the courthouse that she is “hopeful” justice will be served.
“As a justice of the peace of the parish of St Elizabeth, I am well aware of the justice system. I must say I am feeling hopeful that the justice system will work. When I looked at the young man who [allegedly] killed my man, my only son, I felt pity, but I am hopeful and I am praying that the justice system will work,” she said.
In the meantime, Reece made a request for the armoured truck and the firearms of the other two security guards to be removed from police custody.
While the truck will be released, the firearms will remain with the police as ballistic testing on them are still outstanding. Post-mortem in the matter has also not yet been done.