The Vybz Kartel’s and co-accused Appeal Hearing to determine if he will finally walk free or will have to re-face a re-trial, it’s currently raging on.
Despite the UK Supreme Court squashing the deejay previous conviction, the Jamaican judiciary system keeps holding Kartel behind bars.
The proceedings started this past Monday, June 10, after a bail application for the dancehall superstar and his co-accused has been refused by the Jamaican Court.
Lawyers representing Dancehall star Vybz Kartel and his co-accused—Shawn “Shawn Storm” Campbell, Kahira Jones, and Andre St John—returned to court for the awaited 5 days hearing that could significantly impact their futures, determining if they will finally walk free or they will have to face a new trial.
After the first day of proceedings, the attorneys representing the four men expressed confidence in securing justice for their clients. Attorney Alessandra LaBeach mentioned that her clients are keen on resolving the matter to reunite with their families and rejoin society.
Listen To Vybz Kartel “Stand Strong”
Let’s summarize what happened during Vybz Kartel’s Appeal Hearing Day One:
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Legal Representation: The defense teams laid out their arguments, emphasizing procedural errors and evidentiary issues in the original trial.
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Prosecution’s Standpoint: Prosecutors presented their case, arguing for the necessity of a retrial based on the gravity of the crime and the evidence available.
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Judicial Deliberations: The judges questioned both sides intensively, indicating a thorough review of the legal arguments and evidence presented.
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Public Interest: The high-profile nature of the case attracted significant media attention and public interest, highlighting the case’s impact on Jamaican society. (Given the intense public interest in the case it was necessary to open a second overflow room to accommodate the excess of attorneys, journalists, and court staff in attendance to follow the proceedings).
- Plea For Kartel’s Health Shut Down: The court dismissed assertions made by Kartel’s son, Adidja Jahiem ‘Likkle Vybz’ Palmer, regarding his father’s health being too delicate for a retrial. Justice McDonald-Bishop determined that medical documentation was required to support such assertions.
On Monday, Justice McDonald-Bishop, presiding over the panel of judges, underscored the importance of understanding the timeline for previous retrials, as reported by the Jamaican press. She stated that the court would seek a report on the average duration for retrials to commence in the Supreme Court. This information is crucial for determining the feasibility and fairness of a retrial for Vybz Kartel and his co-accused.
(This approach mirrors the Bahamas Court of Appeal’s handling of the Simeon Bain case. Like Kartel’s, that case involved the Privy Council overturning the original murder conviction and returning the case to the local court for a decision on retrial. The Bahamas court ultimately decided against a retrial, citing the prolonged period since the crime, the case backlog, and the emotional and practical difficulties of a new trial).
Vybz Kartel’s Appeal Hearing Day Three:
This past Wednesday during day three of the retrial hearing for Jamaican Dancehall superstar Vybz Kartel and his co-accused, their defense teams closed their arguments after making representations for Vybz Kartel, Shawn Storm, Kahira Jones, and Andre St. John, urging that the Privy Council should not order a retrial for the men.
Defense attorney John Clarke argued that the Office of the Director of Public Prosecutionmust present compelling reasons for why the men should face a retrial overall after the UK Privy Council’s ruling in March that several constitutional breaches caused it to quash the murder conviction.
The lawyer also noted that witnesses may not be available or unable to recall their previous testimony, because the trial took place in 2014 and since Kartel’s rights will be breached again, it is now for the prosecution to show that where a citizen’s right is abrogated, it is “demonstrably justified in a democratic society.”
Vybz Kartel Case: Widespread Publicity Dominates Hearing | TVJ News
The pressing issue of Kartel’s rapidly declining health was also brought up by Isat Buchanan, Vybz Kartel’s lawyer, that also presented an affidavit from Vybz Kartel’s own doctor that stated that the deejay’s heart is currently functioning at 50% due to the impact of Greave disease, and the jail’s conditions.
Buchanan added that Kartel was also “mentally unwell” and that he was suffering from mental defects, which was cited in a second medical affidavit by Dr. Gregory Walcott. The affidavit reportedly speaks to the artist suffering from anxiety and mental weakness, and his lawyer urged that in all the trial, appeal and retrial process is having a devastating impact on the artist’s mental health.
Vybz Kartel, real name Adidja Palmer, and co-accused, have been now behind bars since the end of September 2011, and were all convicted in 2014 for the murder of Clive “Lizard” Williams.
Currently Kartel and co-accused look to walk free following the Judicial Committee of the Privy Council quashing of their convictions two months ago. Unluckily the UK Supreme court left it up to the Jamaica Court of Appeal to decide whether to order a retrial or dismiss the case altogether.
Let’s take a look to what emerged so far during the past days.
1. Unavailability of Witnesses
On Thursday, Justice Marva McDonald-Bishop, is the Acting President of the Court of Appeal of Jamaica, who is leading the panel of three judges, declared that there would be no retrial if ample witnesses were not found. According to the Jamaican press, McDonald Bishop expressed that it would be a waste of the Court’s time if the Prosecution had to scout witnesses to testify in the widely publicized matter. “This Court will not be sending any case to Supreme Court again to sit and wait until witnesses are found,” Justice McDonald-Bishop reportedly cautioned this morning during a hearing to determine whether the men are to be retried.
She asked the Acting Director of Public Prosecutions Claudette Thompson about the availability of witnesses, and Thompson noted that her colleague, Jeremy Taylor, in his affidavit, indicated that checks were made and that most of the witnesses were on standby.
That did not really convinced Justice McDonald-Bishop, who remarked that the Court has to be completely certain that the witnesses have been contacted and are willing to testify. “…Giving us a list of witnesses in your submission, I believe, doesn’t cut it and the other side has objected,” McDonald-Bishop said. In regard to the witness affidavit, the judge told Thompson, that no information was provided on whether he had spoken to any of the witnesses.
2. Leaked Evidence
Acting Director of Public Prosecution Claudette Thompson countered the defense’s submission about some of the technological evidence that was used to nail the accused. She said that the Crown still has a strong case against the men, even if the technological evidence was omitted. Again, Thompson’s argument was interrupted by Justice McDonald-Bishop. “I don’t think your biggest challenge is really on that, this case isn’t about evidence,” she said.
3. Retrial Could Take Place In 2025, Says Prosecutor
Prosecutor Janek Forbes said that the safeguard systems in the Jamaican court system could facilitate a fair retrial in 2025. In his submission, Forbes told the panel of judges that one key safeguard would be holding the jurors and giving them directives at appropriate intervals during the retrial.
McDonald-Bishop was, however, unconvinced. “I have a very real concern and I am just going to lay it on the table, you have to help us with it. You have to explain it…People heard voices…saw images,” she said in questioning how evidence, including voice notes and videos reached the public domain before an appeal decision was handed down.
Defense attorney John Clarke told the Court of Appeal on Wednesday that no common law safeguard was deployed to ensure a new trial would not be affected by the publicity surrounding the Privy Council’s quashing of the 2014 conviction.
4. State Will Have To Bear Cost
The acting DPP told the Court that the Government would have to fund a retrial if it reached that point because issuing justice should be priceless. “The state will have to bear the cost. It will just have to bear the cost,” she told the Court of Appeal. She stated “Murder in general is worth it and this murder specifically because of how it was done, the reason it was done…I don’t know how we can affix a cost to justice.”
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