Court rules that immunity certificates granted to 3 soldiers charged in the murder of Keith Clarke, are null and void

by February 18th, 2020

The Constitutional Court has ruled that the immunity certificates granted to three soldiers charged in the murder of Keith Clarke, are null and void.

This now paves the way for the men to stand trial.

The certificates were issued by then National Security Minister, Peter Bunting on February 22, 2016.

In the full court judgement handed down this morning, (February 18) the court ruled that the good faith certificates were manifestly unfair and unreasonable.

The judgment notes further that emergency powers regulations do not interfere with the powers of the Director of Public Prosecutions.

The judgment was read by Supreme Court Judge, Leighton Pusey.

Corporal Odel Buckley, Lance Corporal Greg Tinglin, and Private Arnold Henry were charged for the May 2010 murder of Accountant Keith Clarke.

The criminal matter was put-off pending the court’s decision in determining the legality of the certificates.

The challenge to the legality of the certificates was brought by Keith Clarke’s widow, Claudette Clarke

In the meantime, Attorney-at-law, Michael Hylton, who represented the three soldiers, says he is perusing the judgment.

When asked by Irie Fm News, if there is likely to be an appeal in the matter, Mr. Hylton, says after going through the judgement, he will advise his clients whether they should appeal.

Keith Clarke was shot some 21 times inside his house at Kirkland Close, St. Andrew.

Members of the security forces had gone there in search of former Tivoli Gardens don Christopher “Dudus” Coke, who was wanted for gun-running charges in the US.

Coke has pleaded guilty to the charges and is serving a prison sentence in the US.