The Crown has asked Jamaica’s Court of Appeal to uphold the murder convictions of dancehall artiste Desmond ‘Ninjaman’ Ballentine, his son Janiel Ballentine and Dennis Clayton, arguing the evidence showed they acted together in what prosecutors described as “a well-organised assassination” of Kingston resident Ricardo Johnson. After two days of submissions from both the defence and prosecution, the three-member appellate panel reserved judgment, leaving the fate of the convicted trio to be decided at a later date.
Senior Deputy Director of Public Prosecutions Kathy Ann Pyke told the court that the prosecution had presented “quite cogent and coherent” evidence linking all three men to the fatal attack, insisting the trial judge was correct in allowing the case to proceed to the jury. According to the Crown, the evidence established a common chain of events, beginning with threats made against Johnson before the men allegedly returned minutes later armed with guns and other weapons to carry out the attack. Pyke argued that, under the principles of joint enterprise, it was not necessary to prove who fired the fatal shot if the accused shared the intention to carry out the killing. She also defended the prosecution’s identification evidence, maintaining that witnesses were familiar with the accused after knowing them within the same community for years.
Meanwhile, Crown Counsel Sean Nelson rejected the defence’s reliance on the landmark R v Jogee ruling, arguing that the case did not involve parasitic accessory liability because the prosecution’s position was that the accused acted together from the outset with the intention to kill. “This was a well-organised assassination in which the intention from the outset was to assassinate,” Nelson submitted. He also dismissed claims that the late disclosure of a key witness entering the witness protection programme amounted to trial by ambush, telling the court the defence had sufficient opportunity to prepare and suffered no prejudice. Crown Counsel Sharelle Smith further argued that the life sentences imposed on Desmond and Janiel Ballentine were appropriate and consistent with established sentencing principles.
The submissions came after the defence argued that Ninjaman’s trial should never have proceeded because an eight-year delay allegedly deprived him of key defence witnesses and violated his constitutional right to a fair trial. Defence attorneys also challenged the reliability of the identification evidence, the trial judge’s directions to the jury and the application of joint enterprise principles. Ballentine, his son and Clayton were convicted in 2017 and sentenced to life imprisonment for the 2009 murder of Ricardo Johnson and shooting with intent following a dispute in Lower Mall Road, St Andrew. With arguments now concluded, attention turns to the Court of Appeal, which will deliver its judgment at a later date.
