The Constitutional Court has ruled that certificates of immunity that would exempt three soldiers from prosecution in relation to the killing of Chartered Accountant Keith Clarke in 2010 were null, void and invalid.
The document was signed by former National Security Minister, Peter Bunting, in February 2016.
This was six years after the incident and 3 days before the general elections of February 25, 2016.
The Court’s Judgement that was handed down a short while ago says the certificates of immunity are manifestly unfair and unreasonable.
The judgement was handed down via live stream due to public interest in the matter.
The Constitutional Court has ordered for the matter to go back to the trial court and continue.
The three soldiers, Greg Tingling, Odel Buckley and Arnold Henry will now have to go back before the courts for the murder of Mr. Clarke.
Mr. Clarke was shot multiple times in the 2010 State of Emergency when JDF soldiers say they got information that the now incarcerated Tivoli Gardens Don, Christopher ‘Dudus’ Coke was hiding at Mr. Clarke’s home in Upper Kirkland Heights in St. Andrew.
In 2018, defence attorneys in the murder trial made submissions to have a document admitted that would exempt their clients from prosecution.