Witness’ death weighs against adjournment in Clansman gang case
Published:Tuesday | February 3, 2026 | 12:15 AMAndre Williams/Staff Reporter
The reported death of a prosecution witness last week was raised before the Supreme Court on Monday as a critical factor weighing against any lengthy adjournment in the long-awaited Clansman gang trial involving alleged leader Tesha Miller and 24 other accused.
Lead prosecutor Yanek Forbes disclosed the development as defence attorney Jean-Mark Reid applied for a postponement, arguing that key documents were disclosed too late for adequate trial preparation.
While indicating that the Crown was “in the hands of the court”, Forbes warned that further delays could prejudice the prosecution’s case, particularly given the recent death of a witness. He did not disclose the cause of death.
He said that since the last sitting, the Crown had provided further disclosure, including DNA reports and portions of the Communication Forensic and Cybercrime Division (CFCD) digital extraction and communications data. Outstanding items, he said, were limited to one communication data report and a small number of formal statements.
The prosecution also indicated that it was prepared to call 30 witnesses in the first phase of the trial, with a total of 99 witnesses expected overall.
Reid mounted a lengthy application for an adjournment, telling the court that substantial and voluminous disclosures were only received last week and, in some cases, on the night before the trial was scheduled to begin on Monday, February 2. Proceeding under those circumstances, he argued, would violate his client’s constitutional right to a fair trial.
LATE DISCLOSURE
He said the late disclosures made it impossible to properly assess the material within the time available, noting that while the prosecution had two to three years to review the documents, the defence was now being required to do an enormous amount of work in a very short period. Although he had already prepared a trial bundle exceeding 700 pages, Reid said he subsequently received an additional 1,500 items.
While placing no blame on the prosecution, Reid maintained that the defence was at a clear disadvantage. He said he did not seek an indefinite or lengthy adjournment, but asked that practice directions be strictly followed if the trial were to proceed.
“I appreciate the resources from the court that has been extended thus far. I would not want to further hamper the court, myself, my colleagues or the defendants to an indefinite adjournment or even a long one,” Reid said.
However, defence attorney Sasha Kay Shaw, who represents accused Geovanni McDonald, aligned herself with the prosecution, telling the court that her client was ready and eager to begin.
Trial judge Dale Palmer acknowledged the logistical challenges of a case of this scale, noting that disclosure and witness issues were common in complex trials. Referring to the reported death of a witness, he stressed the importance of avoiding undue delay, warning that repeated adjournments could result in the court “back here next year in the same position”.
He ruled that only a brief adjournment was warranted. The matter was adjourned for one day and is scheduled to commence on Wednesday, February 4.
Miller appears alongside 24 other accused, including medical doctor Dr Paul Robertson.
All remain in custody except Dr Robertson, whose bail was extended.