Crown Halts Witness Testimony in Kingston

A murder-and-gang trial in downtown Kingston hit another procedural wall on Tuesday. Crown prosecutors had to stop questioning their second witness after defence lawyers challenged how the evidence was being brought out. Justice Dale Palmer sided with the defence, at least for the moment, and halted that part of the testimony. In a case this big — 25 alleged members of the Tesha Miller faction of the Klansman gang — those interruptions matter because the prosecution is already relying on some unusually contested forms of evidence. ### What actually got stopped? The witness was a police constable giving evidence on counts 28 and 29 of the indictment, the counts tied to the robbery and murder of St Catherine resident Zamari McKay. Prosecutors were trying to walk the constable through events leading up to McKay’s disappearance and the later discovery of his body. But defence attorneys objected repeatedly, and the judge paused the testimony after ruling on those objections. (jamaicaobserver.com) ### Why did the defence object? Basically, the defence said the prosecutor was pushing the witness too hard and drifting into evidence rules problems. Their complaints were threefold — leading questions, hearsay, and voice identification without the right foundation. They also argued the proposed evidence was more prejudicial than useful, which is lawyer-speak for saying it could unfairly sway the court more than it actually helps prove anything. (jamaicaobserver.com) ### What was the constable trying to say? Before the halt, the constable told the court he had spoken with McKay on August 10, 2022, then later got drawn into a missing-person report after someone came to his home looking worried. He described attempts to call McKay’s phone, including one call where someone answered and he said he heard both McKay’s voice and another male voice he did not recognize. That is the part that seems to have triggered the sharpest fight, because voice evidence can be powerful but tricky if the groundwork is not laid carefully. (jamaicaobserver.com) ### Why is Zamari McKay central here? McKay is the alleged victim in these specific counts. The indictment says Carlos Williams, Jermaine Clarke, and Owen Billings knowingly facilitated the robbery and killing. His body was found on August 11, 2022, with his feet bound in a rubbish heap along Lake’s Pen main road — a detail that gives the counts their weight and explains why prosecutors are trying to build a detailed timeline around his last known movements. (jamaicaobserver.com) ### Why does this procedural fight matter so much? Because this trial is not a simple one-witness, one-incident case. It is a sprawling 32-count prosecution involving alleged gang-linked murders, robberies, and criminal-organization activity. When a judge blocks one line of testimony, the Crown may need to reframe questions, call other witnesses, or spend court time proving that certain evidence is even admissible before the court can hear it fully. (jamaicaobserver.com) ### Is this the first evidence fight in the case? Not even close. In recent weeks, the same trial has seen battles over whether a witness outside Jamaica could testify by video link and whether a dead witness’s prior statement could be read into evidence under Section 31D of the Evidence Act. So Tuesday’s stoppage fits a pattern — the prosecution is trying to use every lawful route to get evidence in, and the defence is contesting almost every inch of that ground. (jamaicaobserver.com) ### Does this mean the case is falling apart? No — but it does mean the Crown has less room for sloppiness than in an ordinary case. A bench trial like this one turns heavily on what the judge decides is admissible and reliable. If prosecutors cannot lay the proper foundation, even evidence that sounds important may never carry real weight. ### Bottom line? Tuesday’s halt was not the end of the case. (jamaicaobserver.com) But it was a reminder of what this trial has become — not just a fight over alleged gang crimes, but a fight over the rules for proving them. (jamaicaobserver.com)