By Stephanie Elliott, Gleaner WriterJAMAICANS FOR Justice (JFJ), the human rights lobby group, said yesterday that it was "deeply disturbed" by the continued detention of Robert 'Mackerel' Miller by the police in connection with the controversial shooting of four people at Kraal, north central Clarendon by the Crime Management Unit.
Miller, his lawyer and several other persons who said they were 'witnesses', went to the Spanish Town Police Station to "clear his name" after he was cited by the police as a suspect in the May 7, 2003, shooting in Kraal, when he was charged with shooting with intent and illegal possession of a firearm arising from the incident. Miller and the witnesses contend that he was in St. Catherine when the shooting took place in Clarendon.
Jamaicans for Justice contend that Mr. Miller was remanded in custody in Spanish Town then transferred to May Pen and charged while in custody and before facing an ID parade he was illegally photographed.
DISTURBING ASPECT
"The most disturbing aspect of the situation is the refusal of the Police and the Resident Magistrate to listen to the witnesses for Mr. Miller who place him miles away from Kraal at the time of the Police killings in the community," the JFJ statement said. "At his bail hearing (on Monday) the Resident Magistrate refused to even hear from the witnesses who were waiting to vouch for Mr. Miller not being in Kraal at the time of the shooting. It seem a real travesty of justice that a man can remain locked up, without access to bail, on the accusation of two policemen with a vested interest, when he has witnesses who place him far away from the scene of the crime."
JFJ said that the matter needed urgent attention from the authorities.
Tempers flared at the May Pen Courthouse, Clarendon, on Monday, when Miller was denied bail by Resident Magistrate Glen Brown.
COURTHOUSE
After the RM announced his decision, murmurs rose from Miller's supporters outside the courthouse. They said they were there to support Miller and to offer evidence in his defence.
They told The Gleaner that Miller was not a part of the alleged gang, and does not even know the parish of Clarendon, much more the area at which the incident happened.
A member of the group, the Reverend Wayne Smith, said that Miller was employed to him. He also claimed that it was he who contacted attorney-at-law Shawn Kinghorne on Miller's behalf, and went with them to turn him to the police in Old Harbour. According to Reverend Smith, he did this as he knew that Miller was innocent of the allegations made against him. He said that Miller was at his business place the entire day and, therefore, could not be a part of the alleged incident.
Mr. Kinghorne said that he was surprised by the RM's line of argument in denying the accused bail. According to him, the RM's statements are that once the police make allegations against a citizen and it is clear, then it would not be fair for him to grant bail.
According to Mr. Kinghorne, there is a provision under the bail act, section 8, sub-section 2, which will allow him to make an appeal to a judge at the Supreme Court. He has therefore asked that the Resident Magistrate put his reasons for denying bail in writing and have this sent to him.
According to Mr. Kinghorne, he is at a point where he has to await the Resident Magistrate's decision in writing and then he will take it to the Supreme Court, or, as the matter is to be transferred to the Gun Court in May Pen on May 26, 2003, make a bail application there, as well.
