As he awaits a decision by the Court of Appeal on his attempts to overturn a criminal conviction, alleged leader of the St Catherine-based Clansman gang, Tesha Miller, is facing even more legal challenges.
The Office of the Director of Public Prosecutions (ODPP) issued a press release on Thursday stating that Miller and 22 other men were arrested, charged and indicted under the Criminal Justice (Suppression of Criminal Organisations) Act (Anti-Gang Legislation).
They all appeared in the Home Circuit Court in downtown Kingston on Thursday.
The ODPP said the men are alleged to be a part of a criminal organisation – the Clansman Gang, ‘Tesha faction’, allegedly led by Miller – and reportedly participated in several criminal activities between August 5, 2017 and August 22, 2022 in St Catherine.
The charges against them include murder, conspiracy to murder, attempted murder, robbery with aggravation, illegal possession of firearm and illegal possession of ammunition.
But, when the matter was called up in court on Thursday morning, the hearing was delayed for over two hours, as Miller was absent.
The ODPP said the court was told that Miller had, at first, refused to cooperate with the authorities to be transported to court for the 10 am start time.
Miller is serving nearly 39 years at the Tower Street Adult Correctional Centre following his conviction for accessory before and after the fact in connection with the 2008 murder of then Chairman of the Jamaica Urban Transit Company (JUTC), Douglas Chambers.
The court heard that on Thursday morning, Miller refused to leave his cell at the correctional centre, forcing the police to devise a plan to get him to the courthouse.
However, when he arrived, Miller allegedly refused to be brought into the courtroom, and had to be dragged there by the police as he kept resisting.
Presiding Judge, Justice Vinette Graham-Allen, was peeved at the delay in the hearing and the subsequent row, and made her position clear going forward.
“That isn’t going to happen in the Supreme Court of Jamaica! The rule of law will prevail and will always prevail in this country,” she said.
Shortly after, Miller’s attorney, John Clarke, told the judge that his client had been reportedly used “for a punching bag”, requiring “immediate medical attention”.
Graham-Allen subsequently issued a formal order for the accused gang leader to be facilitated to seek medical attention.
She also set a hearing date for April 18 to ascertain why Miller was brought to court an hour after all the other accused men had been assembled at the Supreme Court on Thursday, and to hear his complaint about being beaten.
Following the airing of those issues, Miller and the 22 other accused were formally presented in court.
The other accused men are Bjourn Thomas, Jermaine Hall, Kirk Forrester, Sharn Gilzene, Owen Billings, Jermain Clarke, Sharn Pottinger, Ryan Harrison, Michael Wildman, Ramone Stewart, Jerome Spike, Conroy Cadagan, Kimali Wynter, Kemar Miller, Kemar Francis, Charles McCleary, Carlos Williams, Dwayne Frater, Rolndo Spence, Nashaune Guest, Lamar Rowe, and Geovaughni McDonald.
The men, along with Miller, were brought to court on a voluntary bill of indictment that was proffered by the ODPP on two counts as follows:
COUNT 1: Tesha Miller for leadership of a criminal organisation – Klansman Gang, ‘Tesha Faction’ – between August 5, 2017 and August 22, 2022.
COUNT 2: Bjourn Thomas, Jermaine Hall, Kirk Forrester, Sharn Gilzene, Owen Billings, Jermain Clarke, Sharn Pottinger, Ryan Harrison, Michael Wildman, Ramone Stewart, Jerome Spike, Conroy Cadagan, Kamali Wynter, Kemar Miller, Kemar Francis, Charles McCleary, Carlos Williams, Dwayne Frater, Rolndo Spence, Nashaune Guest, Lamar Rowe and Geovaughni McDonald for participating in a criminal organisation on a day unknown between August 5, 2017 and August 22, 2022.
The ODPP said the accused men were arrested and charged by members of the Counter-Terrorism and Organised Crime Investigations Branch (C-TOC) and the Jamaica Constabulary Force (JCF) on different dates.
Eighteen of the accused were brought to the Home Circuit Court on a voluntary bill of indictment charging offences under the Criminal Justice (Suppression of Criminal Organizations) Act earlier this year. The additional five appeared in court on Thursday.
The ODPP said at least two additional accused persons, as well as other offences, may be joined on the indictment at a later date.
All 23 accused were remanded and are to return to court on April 18 in the Case Management Court in the Home Circuit Court for the following reasons:
(a) The prosecution is to amend the indictment with the correct spelling of the names of the accused persons: Rolndo Spence, Sharn Pottinger, Kimali Wynter and Geovaughni McDonald (on confirmation from the defence).
(b) To allow the accused persons Ryan Harrison, Conroy Cadagan and Kemar Francis to settle legal representation or to obtain legal aid assignments. (All other accused are being represented by defence counsels, which was confirmed on Thursday).
(c) The materials received by the prosecution on Thursday, are to be disclosed electronically to all defence attorneys in the matter.
(d) Matters relative to Miller’s late appearance in court, which are to be heard after the other accused men are dealt with.
The case relative to the Tesha faction of the Clansman gang follows last year’s conviction of 15 members of the One Don faction of the Clansman gang led by Andre ‘Blackman’ Bryan.
Bryan is serving 39 years and six months in prison after being convicted of being the leader of a criminal organisation, as well as facilitating serious crimes, including double murder and arson.
The ‘Tesha’ faction and the ‘One Don’ faction of the Clansman gang are enemies, the police have stated previously.
