Sat | Jun 25, 2022

Clansman Gang Trial | Case against alleged gang leader’s brother unsubstantiated – Lawyer

Published:Thursday | May 26, 2022 | 3:38 PM
The trial is being heard in the Home Circuit Court.

Defence lawyers representing the brother of alleged gang leader Andre 'Blackman' Bryan have asked the court to acquit him arguing that the Crown has not presented any evidence linking him to the gang other than his blood relation to the alleged don.

Anna-Kay Kelly, who along with Shannon Clarke are representing Kevauhn Green, argued this morning in her no-case submission that the Crown has not presented any substantial evidence to ground any of the three charges against her client, which includes being a part of a criminal organisation.

The attorney said that the Crown's two main witnesses had provided insufficient evidence to prove that he was a member of the alleged gang.

Further, she argued that neither of the two ex-gangsters had assisted the prosecution in advancing its case against Green citing that they could not provide any details of his role in the gang or what criminal offence he had assisted the alleged gang in committing.

One of the ex-gangster, she said, barely mentioned his name outside of saying he was Blackman's brother.

And she noted that the other witness had pointed out that he had never seen him giving any orders or being involved in any criminal act and that Blackman had indicated that he did not want his brother being involved too deeply in the gang.

According to the lawyer, the prosecution has failed to fulfil the elements that are required to prove the count on the indictment as it had not demonstrated any evidence to show how Green had facilitated the commission of any criminal offence with the alleged gang, provided a benefit to the gang or had knowingly concealed or shared in the gang proceeds or had provided any document indicating that he was a member or given any affirmation of his membership.

Kelly further submitted that there was no independent evidence besides testimony from the two main witnesses to corroborate and substantiate the charges against her client

She told Chief Justice Bryan Sykes that it would be manifestly unsafe for a jury to convict her client based on the evidence presented and asked that he rule in favour of no-case submission.

Meanwhile, attorney-at-law Lloyd McFarlane, who is representing Bryan, in his submission, asked the court to find that the Crown did not ground its case against the defendant in respect to the alleged murder of a man at a hardware in Spanish Town, St Catherine.

McFarlane argued that the Crown has not presented enough evidence to establish that the man had died.

In the meantime, the attorney while noting that his client is indicted for 17 of the 25 counts thanked the Crown for conceding four of the other counts which he had intended to challenge.

Bryan and 32 others were initially charged on the indictment for being a part of a criminal organisation.

However, four of the male defendants were this morning freed due to insufficient evidence.

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