Barbara Gayle, Justice Coordinator

THE THREE soldiers implicated in the murder of businessman Keith Clarke at his home at East Kirkland Heights, St Andrew, in May 2010, are no longer in confinement.

Yesterday, their bail conditions were varied when they appeared in the Home Circuit Court.

Howard Hamilton, QC, and attorney-at-law Linton Gordon, who are representing the soldiers, told the court that they were having difficulty attending to their personal business.

The accused - Lance Corporals Greg Tinglin and Odel Buckley and Private Arnold Henry - were granted bail in the sum of $2 million each with sureties when they first appeared in court in July. They were confined at the Jamaica Defence Force compound.

Last month, an application was made for a variation of their bail and they were allowed to go home on weekends.

Director of Public Prosecutions Paula Llewellyn did not oppose the application yesterday for the confinement order to be lifted.

Justice Christine McDonald, in varying the bail conditions, ordered the soldiers to report to the Cross Roads Police Station between 6 a.m. and 7 p.m. daily, from Mondays to Fridays. They are to return to court on December 7.

Clarke was fatally shot on May 27, 2010, when a search was under way for fugitive Christopher 'Dudus' Coke. It is being alleged that based on information received by the Jamaica Constabulary Force and the Jamaica Defence Force in relation to Coke, a team went to Clarke's house.

Clarke was shot 21 times. Sixteen of the shots were to the back of the body.

Reports are that there was ongoing firing from inside the house and four soldiers were shot.

Yesterday, the defence lawyers said that in the interest of justice, they were going to apply for a change of venue.

SUITING INTEREST OF JUSTICE

Llewellyn suggested that they submit the relevant affidavits so they could be in a position to assist the court to decide which venue would best suit the interest of justice.

The defence lawyers complained that they were still receiving directives from Terrence Williams, commissioner of the Independent Commission of Investigations (INDECOM).

They said they received correspondence from Williams on Thursday, and yesterday, he wanted four firearms for retesting. They called on the court for protection and guidance because they said it was a matter which should be supervised by the court.

Llewellyn assured the defence lawyers that she was going to make sure that all courtesies were extended to INDECOM but was going to see to it that "INDECOM stays within the four corners of their remit".

Llewellyn explained that on Thursday, she spoke to the INDECOM commissioner and he assured her that the retesting was in respect of a "warhead" that was found in the deceased's bedroom. She said she was told that INDECOM had obtained the services of a forensic ballistics expert and there was a special instrument available to do the testing.