Clarke v. R (Jamaica)

Clarke v. R (Jamaica) [2004] UKPC 5 (22 January 2004)

Privy Council Appeal No. 93 of 2002

Kenneth Clarke Appellant

The Queen Respondent

FROM

THE COURT OF APPEAL OF JAMAICA

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JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL,

Delivered the 22nd January 2004

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Present at the hearing:-

Lord Steyn

Lord Hoffmann

Lord Hobhouse of Woodborough

Lord Rodger of Earlsferry

Lord Walker of Gestingthorpe

[Majority judgment delivered by Lord Hoffmann]

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On Saturday 24 February 1996, at about 5 p.m., a team of technicians were installing cables to the front of a house in Roehampton Circle in the parish of St Andrew, Kingston. Two men came up and asked one of them who the boss was. He pointed to David Darby, who was up a ladder. Mr Darby came off the ladder and walked towards the men, who took out guns and fired at him. The men ran away and Mr Darby later died of four bullet wounds.

On Sunday 17 March 1996, Detective Sergeant Errol Williams arrested Kirk Rose at 19 Myrie Avenue, St Andrew. He came from Thatchwalk District, St Ann, out in the country, but on that Sunday he was in Kingston staying with his aunt Eloise Rose. Mr Williams took him to Constant Spring police station, where he made a statement under caution which was recorded between 3 pm and 4.15 pm.

The statement as recorded said that on Saturday 24 February Donovan Starrad, whom Rose knew as "Danny", arrived at 19 Myrie Avenue in a white Corolla car and spoke to Rose's cousin Kenneth Clarke, whom he knew as "Paul" and who lived with his girl-friend in a house opposite. Danny asked Rose to come with him and Paul in the car and they drove to the Chinese Cemetery on Waltham Park Road. There Danny and Paul got out, leaving Rose on the back seat. He saw them speak to a "plaited hair man" wearing a black jacket and all three then returned to the car. Danny then drove off, the plaited hair man sitting with him in the front and Paul and Rose in the back. They stopped at a Mr Chin Bar in Hagley Park Road and had drinks. Then they drove up Waltham Park Road. Rose thought they were looking for a woman. They drove past a fridge repair shop and parked outside a pink house. There Danny took out a chrome 9 mm automatic and the plaited hair man took out a .38 with a long mouth. They all got out of the car but Danny told Rose to stay in the car. The others went around a corner while he sat in the driver's seat and listened to music. Soon afterwards he heard 6 shots and then the others came running back. The plaited hair man got into the front passenger seat and the others into the back. Danny said "drive the car country man". Although he had no licence, Rose said that…

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