The three soldiers who are implicated in the murder of businessman Keith Clarke at his home at East Kirkland Heights, St Andrew in May 2010 have been granted bail.
They were charged yesterday with murder and taken before the Home Circuit Court.
The accused are lance corporals Greg Tinglin and Odel Buckley and private Arnold Henry who are to return to court on September 28.
Justice Jennifer Straw, in granting them bail in the sum of $2 million each with one or two sureties, ordered them to surrender their travel documents and also placed stop orders on them. They are to be placed in confinement at the Jamaica Defence Force headquarters.
Director of Public Prosecutions (DPP) Paula Llewellyn, in outlining the allegations, said there were clear credibility issues which could only be resolved by a jury. She said Clarke was shot 21 times inside his house while he was coming down from the top of a cupboard. Llewellyn said 16 of the shots were to the back of the body. She said information was received by the Jamaica Constabulary Force and the Jamaica Defence Force in relation to fugitive Christopher 'Dudus' Coke which led a team to conduct a joint operation at Clarke's house on May 27, 2010.
Four soldiers were shot
Attorney-at-law Linton Gordon, who is representing the soldiers, said he agreed with the DPP that there were issues of credibility. He said from the reports there was outgoing firing from inside the house of the deceased, and four soldiers were shot. He said the ballistics report stated that a warhead, or fragment of a bullet recovered from one of the injured soldiers, came from Clarke's licensed firearm.
Gordon said the soldiers went to other premises, the occupants opened the doors and nothing happened. He said the soldiers did not go to Clarke's premises for personal gain, malice or spite, but went on instructions. He described the incident as a tragedy.
Queen's Counsel Howard Hamilton is leading the defence team.