Stage almost set for trial of 24 accused in rival faction of Klansman Gang
THE prosecution in the upcoming gang trial, involving alleged leader of the Tesha Miller faction of the Klansman Gang and 23 others, on Thursday indicated that its case file will be complete by this month end as it moves to settle two outstanding issues.
Acting Director of Public Prosecutions Claudette Thompson, addressing Supreme Court Judge Justice Vinette Graham Allen during a case management hearing for the 24 accused on Thursday at the Supreme Court in downtown Kingston, said the Crown will have its house in order before the next hearing set for October 10.
“There is the possibility that another witness will be added and if that comes to fruition then there will be an additional statement or statements. We are expecting to know that by the end of the term [July],” Thompson told Graham Allen.
The judge had enquired whether the prosecution’s case was ready or its file complete. She had made the query after expressing the hope that there would only be “one last case management before the matter is sent for trial”.
“We are settling representation today so the case can be moved,” Graham Allen told the hearing. She further ordered that the accused Kemar Francis be assigned a legal aid attorney as he was the only one without legal representation on Thursday.
Addressing the other outstanding matter for the Crown, Thompson said this was tied to the most recent practice directions issued by head of the Judiciary Chief Justice Bryan Sykes. The acting DPP said the Crown is yet to organise and index the disclosed material as stipulated by the practice direction which also requires that where there are multiple defendants and counts, there must be an indication of the relationship between the defendants and counts. She said the prosecution, in relation to the practice directions, was also yet to serve a schedule of the disclosed material to include: (i) the date and time of disclosure, (ii) the title and description of each file(s), and (iii) where necessary, the file size or length.
“In all candour, I don’t see us being able to commit to have these two things done before the end of the term and there is a reason for that. With the passage of the hurricane last week, four circuits have been extended, so officers that we would expect to be in office now to assist with this procedure are not available, we are stretched to our limit. All those documents have been uploaded, it is the indexing and schedule that are outstanding, so we can have it done by September 6, the new term will not have begun as yet,” Thompson said.
Justice Graham Allen, in adjourning the hearing, said the court had “accepted the apology” of Miller whose unwillingness to attend his first case management hearing in the matter which had taken place on March 7, resulting in the police having to “extract” him from his cell.
Miller — who is currently serving 38 years at hard labour for engineering the 2008 murder of former chairman of the Jamaica Urban Transit Company (JUTC) Douglas Chambers — is answering to charges under the Criminal Justice (Suppression of Criminal Organisations) (Amendment) Act, commonly called the anti-gang law, for leadership of the organisation had sought medical attention for injuries supposedly sustained during that encounter.
Thursday, however, other than acknowledging that the medical report had been received and the apology from Miller accepted, Justice Graham Allen provided no details.
“I accept your apology, you know what I am talking about, keeping the court waiting and all of that. I notice you have been coming to court without any problems, just continue you hear,” she cheerfully told an unsmiling Miller.
Miller and his co-accused — with the exception of medical doctor Paul Robinson, who has been charged with providing a benefit to a criminal organisation — were ordered remanded following the hearing on Thursday. Robinson is being represented by veteran attorney KD Knight, King’s Counsel.
According to the police, the accused now facing trial are the sworn “enemies” of the rival Andre “Blackman” Bryan faction of the gang, 15 members of which are now serving sentences following a trial which began in 2021 and ended last year. Bryan, who was convicted for leadership among other crimes, was sentenced to 39 1/2 years behind bars when the matter concluded in October last year.
According to the police, the Klansman Gang, which at last count was linked to at least 800 murders dating back to 2014, is currently listed among the top five criminal organisations operating in Jamaica, with most of its activities centred in Spanish Town and surrounding areas. Its influence, however, has spread to Clarendon, Manchester, St Ann, St James, and Kingston.
The accused now facing trial are alleged to have participated in several criminal activities between August 5, 2017 and August 22, 2022 in St Catherine. The charges include murder, conspiracy to murder, attempted murder, robbery with aggravation, illegal possession of firearm and illegal possession of ammunition.