Former INDECOM investigator denies knowledge of JDF helicopter video at Keith Clarke’s house
KINGSTON, Jamaica — Taneish Wisdom-Banton, a former chief investigator of the Independent Commission of Investigations (INDECOM), was accused on Monday of being untruthful when she denied having knowledge of a Jamaica Defence Force (JDF) helicopter capturing video footage of certain events at 18 Kirkland Close in St Andrew in the wee hours of May 27, 2010 when accountant Keith Clarke was shot dead by soldiers.
Wisdom-Banton was giving evidence in the murder trial of three JDF soldiers who are being tried in relation to the shooting death of Clarke. The three soldiers are lance corporals Greg Tingling and Odel Buckley, as well as Private Arnold Henry.
Clarke was shot dead inside his master bedroom at his 18 Kirkland Close house during a police-military operation aimed at capturing then fugitive Christopher “Dudus” Coke who was wanted by United States law enforcement agents.
It was alleged that Coke and about seven of his cronies were hiding from the security forces in Clarke’s basement. The armed men, it has been further alleged, challenged the security forces and in a gun battle during which Coke escaped in a heavily forested area to the back of the property where Clarke lived at the time with his wife and teenage daughter. It is said that certain events surrounding what happened between the alleged gunmen and the security forces were videotaped from a JDF helicopter that was hovering above the premises.
During cross-examination Monday, King’s Counsel (KC) Valerie Neita Robertson, the attorney representing Lance Corporal Tingling, pressed the witness, insisting that in her role as investigator and the person responsible for putting the file together she must have had knowledge of the videotape.
However, Wisdom-Banton insisted that was not so.
“I did not receive any information about any helicopter and I did not view any helicopter footage,” she told Neita-Robertson.
Neita-Robertson said, “Madame, I am going to suggest to you that you are not being honest when you say you know nothing about a helicopter videotape. What do you say to that?”
“I am being honest,” the former INDECOM investigator said in response.
Neita-Robertson continued: “I am also going to suggest to you that as the senior investigator you were not being honest when you say you did not provide material about a videotape from a helicopter with respect to your report on this matter. You said you know nothing about it and I am saying you do. You submitted that information for the report to be done.”
The senior attorney pressed Wisdom-Banton to tell the jury and presiding judge Justice Dale Palmer about a letter that was addressed to former Commissioner of INDECOM Terrence Williams that she was instructed to attach to the Keith Clarke case file.
“This letter you said was addressed to Mr Williams to which things were attached, did you read those things that were attached? What was your purpose of being handed this letter by Mr Williams?” Neita-Robertson probed.
The former investigator said the instructions she received was to place the documents on file. She said that all she knew about it was that the contents were documents for a matter being investigated by INDECOM. She told the court that the files were kept by her unless in cases where Williams asked for it and she would hand them to him. The files included correspondence from Williams that was addressed to him and received by him.
She said, too, that there were other members of the INDECOM staff who submitted materials to be placed on file.
“These persons were not under my control or direction. We all acted under the directions of Mr Terrence Williams,” she said.
She was asked by Neita-Robertson if she went inside Clarke’s house after he was killed and the former investigator said ‘yes.’
Neita-Robertson also asked her if she examined the surroundings at the premises, inside and out.
Wisdom-Banton’s response was, “No, ma’am. That was not my role. I went there because I was asked to accompany the chief forensic examiner of INDECOM”.
She admitted that if she was aware that video footage existed, it would have been useful to her investigation. She said she did not recall seeing any letter or document from the Office of the Director of Public Prosecutions (ODPP) that the army had a video of what was transpiring on the ground on May 27, 2010.
Wisdom-Banton said she did not view medical reports for four soldiers who were reportedly injured by gunshots. In fact, she said she was not aware that four soldiers were shot. She pointed out that if that information had arisen during her investigation, it would have been of importance to her.
She said that the ballistic report pointing to the firearm from which the soldiers received their injuries and how they were shot would have also been important to her investigation. At the same time, she reminded the jury that she took her instructions directly from Williams.
“As investigators we don’t make decisions. We just gather information and put them in a report. Instructions on the gathering of the information came directly from Mr Terrence Williams who would have said collect X or collect Y. I did not make any personal or professional decisions as to what needed to be collected. I only gathered what Mr Terrence Williams told me to gather. It was my very first INDECOM matter. It was my very first fatal matter.”
Wisdom-Banton also told the court that she did not give instruction for Clarke’s licensed firearm to be submitted to the ballistics laboratory for inspection.
“I did not submit any firearm to the ballistics lab. I had no knowledge that his firearm was connected with the incident.”
Defence attorneys for the soldiers on trial have purported that Clarke possibly pointed his licensed firearm at the security forces and fired the weapon.
The trial continues Wednesday.