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DPP unable to rule in Keith Clarke shooting death

Published:Wednesday | May 23, 2012 | 12:00 AM

Edmond Campbell, Senior Staff Reporter

DIRECTOR OF Public Prosecutions (DPP) Paula Llewellyn has revealed that she has been unable to make a ruling at this time in the case involving the fatal shooting of businessman Keith Clarke in May 2010 as there was need for further and better particulars from the Independent Commission of Investigations (INDECOM).

The commission yesterday agreed with the DPP that additional information was needed before the DPP could rule on the matter.

In a release yesterday, the commission said it "notes and shares the concerns which surround the work done and records made by the Technical Services Department of the Jamaica Constabulary Force before INDECOM took over the investigation".

The commission, headed by attorney-at-law Terrence Williams, said clarification had been previously sought, but to date, the information provided by the force has been inadequate.

"The commission at this time anticipates that the commissioner of police, to whom the DPP's letter was copied, will intervene by issuing the relevant instructions to see that this concern is resolved in a timely manner," said INDECOM in a release.

The investigative body, which probes police excesses and extrajudicial killings by members of the security forces, said it would continue to have dialogue with the DPP with a view to ensuring that all investigative avenues were pursued and that her office received cogent evidence.

Need for more particulars

The DPP yesterday said, "Having considered all the statements and other material on the file, it was discovered that there is need for further and better particulars touching and concerning an important aspect of this matter that is still to be furnished by the investigators."

A team comprising two deputy DPPs and two Crown counsels reviewed the file, and after consulting with them, Llewellyn reported she could not hand down a ruling.

"We have, by letter dated May 9, 2012, to the Independent Commission of Investigations, requested that this outstanding material be furnished to this office as soon as possible so that we can complete our review and render a ruling in the matter," the DPP said.

INDECOM had submitted a file to the DPP for a ruling on the killing of Clarke, allegedly by members of the security forces, at the businessman's 18 Kirkland Close residence in Red Hills, St Andrew, on May 27, 2010.

Clarke was killed during one of the many raids launched by the security forces to capture then fugitive Christopher 'Dudus' Coke.

Prior to the establishment of INDECOM, the Police Public Complaints Authority (PPCA) had started the probe into the incident.

However, after the setting up of INDECOM in August 2010, the investigative body took over the investigations from the PPCA in October 2010.