Accused push back against prison shoe ban

TWENTY-THREE of the 25 accused in the ongoing Klansman Gang trial on Monday harnessed the power of the court to press prison officials to relax a recent blanket ban barring visitors from bringing footwear to inmates at Horizon Adult Remand Centre in St Andrew. The Department of Correctional Services (DCS), in a post on its social media platform on Tuesday, September 15, had advised that bringing footwear for inmates at Horizon had been prohibited with immediate effect. It said this was in order to “safeguard institutional security, maintain safety, and preserve good order within the Horizon Adult Remand Centre (HARC)”. The DCS said footwear for inmates would be provided through the department’s established procurement process. But the inmates, 23 of whom are housed at the facility, raised concerns last Thursday about the ban which, they said, impacts their ability to properly attire themselves to attend court proceedings for the matter which generally runs from Mondays to Thursdays from 10:00 am to 4:00 pm. Trial judge, Justice Dale Palmer, on Monday requested the presence of corrections officials after being told that the matter had not been resolved, contrary to indications that the defendants would be exempted. However, attorney John Clarke, who represents defendant Kemar Miller who is housed at the facility, said his client had not benefited from that exemption. “Those are my instructions, and what is even more concerning too, milord, is that it seems, from what I’ve gathered in terms of that general edict, that that directive which came from the commissioner himself was done essentially to punish persons who are being detained by virtue of some action which may or may not have taken place,” Clarke said in asking the court to use its powers to pull the relevant officers before it to explain. “It also has engaged the constitution in relation to the dignity of the person whose liberty has been taken, and our Parliament has guaranteed that that dignity will not be taken,” Clarke maintained, adding “this is a problem that should never have taken place”. “We must be grateful to the court and the Crown for the efforts which have been made in times past, but it’s a bit surprising because the DCS, in the past, has maintained that where attendance was concerned it would not interfere with that,” Clarke said in urging the court to issue a formal order to ensure that the situation would be “sorted out once and for all”. According to the attorney, similar intervention in other matters by the court has helped resolve issues permanently. Monday afternoon, an acting superintendent of the remand centre, appearing via Zoom, told the trial judge that indications had only come from five of the defendants that they were without footwear when they were asked last Thursday to register. He said while provisions were made for them get footwear, only one individual reported receiving any. Clarke, however, countered the prison official’s version of the facts, telling the court that the defendants said only five of them had been able to register because at the time the details were being collected, the prison truck which was to take them to the Supreme Court had arrived, preventing others from registering. The acting superintendent, in the meantime, noting the recent restrictions — which were imposed because of the frequency with which prohibited items were being discovered in shoes — said the measure was not “cast in stone” as far as remandees with ongoing trials are concerned. “With consultation with the commissioner, he gave permission for the remandees who were not properly attired for court, especially with shoes, to get shoes for court. This was established with the remandees on Thursday. A listing was done and it was sent to the main gate to say that whenever these visitors arrived they were to be considered. And there is a protocol as it relates to how it is done; it is to be sent straight to the reception area where the remandees are prepared for court in the mornings,” he said. After hearing the concerns, Justice Palmer said while the need for the security measures was not lost on the court he would be satisfied if a timeframe was established so family members could deliver the necessary items at a convenient time, given that the defendants are away from the prison a minimum four days weekly. The deputy superintendent said, in consultation with the commissioner, a solution would be arrived at. He, however, noted that on a normal basis court clothing can be delivered, and searched, and processed up to the day before. “This is an issue where I don’t think we should be here discussing clothing for court when time is being wasted,” the prison official stated. Addressing concerns regarding a dental issue for defendant Jerome Spike and a dietary issue for the accused Kemar Miller, the prison official said “all requests made from the court, we try our best to resolve”. The matter resumes at 10:00 this morning in the Home Circuit Division of the Supreme Court in downtown Kingston. In June, Justice Palmer ordered medical attention for 11 accused in the trial after a slew of complaints were made about unattended health issues. The 25 accused, said to comprise the Tesha Millerled faction of the gang, are the second faction of the gang to now be tried by the court. They are to answer to 16 offences allegedly committed over the span of five years, between August 2017 and November 2022, according to the case being built by the Crown which began in February this year.