Barbara Gayle, Staff Reporter

The trial of the man accused of murdering three children at Killancholly, St Mary, in January 2005 took a dramatic turn yesterday when he decided to remain silent because he could not give his defence from a prepared speech.

Legal experts explained yesterday that the law did not allow an accused to give his defence under oath in that manner.

After the Crown closed its case yesterday, 35-year-old security guard Jeffrey Perry decided that he was going to give his defence from the witness box where he could be cross-examined.

Did not swear

He was given the Bible and told to read the oath, but he said he did not swear because he was a Christian.

On being asked about his denominational affiliation, by Senior Puisne Judge Marva McIntosh, he said Seventh-day Adventist. Perry was then allowed to make an affirmation.

An early luncheon adjournment was granted to allow defence lawyer Linton Walters and prosecutors Lisa Palmer Hamilton and Melissa Simms to do research.

On resumption, Walters said he needed to do additional research. He said it was the first time in his practice that he had come across something that was causing such a hiccup and described the situation as unique.

Mother removed

While Walters was addressing the court, it was disrupted by shouts of "Alleluia, glory" from the mother of the deceased children, who has been attending court daily. She was escorted from the courtroom.

Another adjournment was granted. On resumption, Walters said he had advised Perry on the particular issue and as such he had got instructions which Perry would say to the court.

Perry, who was dressed in a long-sleeved jersey with 'Institute of Funk' written on it, said, "Your Honour, my name is Jeffrey Perry and if I am not allowed to speak from my prepared speech, then I will maintain silence."

Defence rests

Walters then told the court that based on what Perry said, he had to advise the court that was the case for the defence.

When the hearing resumes today, prosecutors and the defence lawyer will address the 12-member jury.

Perry has been on trial in the Home Circuit Court since November 17. The Crown is relying on a caution statement which Perry gave to the police, admitting that he fatally stabbed the children between January 27 and January 28, 2005, to prove its case.

barbara.gayle@gleanerjm.com