THE legal tug of war between prosecution and defence in the ongoing Klansman gang trial over whether the statement of a woman who died before the matter began is “relevant” to the case should be settled by a ruling from trial judge Justice Dale Palmer on Monday.

The Crown, when the matter began in February this year, had signposted that it would be making submissions in the course of a Section 31(D) application under the Evidence Act. The application, in effect, allows the introduction of statements as evidence in court when the witness cannot testify live — usually due to death, illness, being abroad, or being unable to be found after reasonable efforts. The offences to which the statement is connected are contained in counts 15 and 16 of the indictment.

The witness, Shaniece Roberts, died in February 2021 from health complications but had provided a statement to cops, ahead of her demise, regarding the Friday, February 7, 2020 murder of a man called Noah Smith at Yarico Place in St Andrew. The accused — Michael Wildman, Jerome Spike, Nashuan Guest, and Geovaughni McDonald — are being tried for “knowingly facilitating the commission” of that murder and robbery.