The 2-1 decision of the Supreme Court of Jamaica's Constitutional Division (referred to
here) in
Clarke v. Tinglin [2020] JMFC Full 01 is now available. The majority held--
(1) In the circumstances of this case, the issuing of the Good Faith Certificates was manifestly unfair and unreasonable and therefore the Good Faith Certificates are null, void and invalid;
(2) The defendants may not rely upon the Good Faith Certificates at the trial of this matter.
The certificates, which would have created a rebuttable presumption favorable to the accused members of the Jamaica Defence Force, had not been issued until six years after the events at issue and four years after indictments had been handed down.
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