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Clansman Gang Trial | Defendants chastised over yawning during cop’s testimony

Published:Tuesday | February 15, 2022 | 12:08 PM
The trial is being heard in the Home Circuit Court.

Chief Justice Bryan Sykes this morning warned alleged members of the Clansman-One Don Gang to behave after one of the defendants made a loud yawn while a police witness was testifying.

The judge, after hearing the sound, instructed 11 of the 18 defendants who are in Courtroom 1, to stand and told them not to let it happen again as there will be consequences next time.

"Don't let there be a repetition of this," he told the defendants before they took their seats.

Earlier in the morning session, the judge accepted into evidence three transcripts of the secret recordings of conversations of alleged members of the gang.

The three transcripts, which included a 174-page document, were transcribed by two police personnel with the help of the former top-tier gang member.

The ex-member had secretly recorded conversations he had with alleged members of the gang including reputed leader Andre 'Blackman' Bryan.

The three transcripts were previously only marked for identity after efforts to have them entered into evidence were blocked by the defence.

Sykes yesterday ruled that the recordings, which had also faced several roadblocks in being admitted, had met the legal requirement for admissibility.

The former gangster-turned-state-witness had testified that he had recorded the conversations using three cell phones and had handed them over to the police.

In the meantime, Blackman's lead attorney Lloyd McFarlane objected to the three transcripts being admitted.

He argued that the ex-gangster had testified that he had signed each document but noted that the documents did not contain his signature.

McFarlane contended that the documents were unreliable but the judge shot down his argument, claiming it was of no moment at this point.

"That's an irrational argument, who's the maker?" the judge asked while making the point that the prosecution was using the creator of the document to push through the items, hence it was not necessary for the witness' signature to be present as there was no law that supported his point.

"That can't even stand up to scrutiny, it makes no sense at all," the judge said of the lawyer's argument.

McFarlane, however, insisted that there was merit in his argument.

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