The case involving Keith Clarke the man who was shot and killed in his home by soldiers in 2010 during the search for Christopher Dudus Coke, is finally in court and the soldiers will stand trial as the Good Faith Certificates that were issued in 2016 were null and void.
His widow Dr. Claudette Clarke says she was very emotional because she has been going through a rough time for almost 10 years. She has been suffering for ten years and she hopes that the truth will come out and the right decision will be made.
She was also happy that the court system is working, as she believes this is her country and she wants to believe in the system. Her Christian principles and her belief in God cause her to believe that justice will come out.
She had to leave her home that she worked and built, she didn’t have a vehicle, but she had relatives and she still had her job and her hard work kept her going.
The (DPP) Director of Public Prosecution said there was a ruling on a file that was submitted in respect of the killing of Mr. Clarke she preferred a voluntary bill of indictment against three soldiers charging them for murder and initiated prosecution in the matter in the home circuit court.
In 2018 the trial was about to begin but council for the defence submitted what was termed as Good Faith Certificates which were issued in 2018 by the Minister, Peter Bunting that stopped the trial.
The court took the view that the case should be referred to the constitutional court to see, Dr. Claudette Clarke has been briefed by the lawyers who were integral in the case, she now believes that justice has been done and the prosecution of these 3 soldiers will continue.
Adley Duncan, acting Director of Public Prosecution, made the argument that the certificates were purported to be an immunity from prosecution but the arguments the other side had made it impossible for the certificates to operate in that way.
Another argument that was made with regards to the documents referred to a forum, that would challenge the good faith being claimed and that argument was successful.
The matter will be back on the trial list when there is an agreement between the prosecution council and the defence council who are involved because the judgment was delivered.
The family of the deceased are now feeling as though there is a chance for justice to be served.