The possibility of a retrial in the Vybz Kartel murder case now looms following day two of the Privy Council appeal hearing for the dancehall artiste and his three co-convicts.
Vybz Kartel, whose given name is Adidja Palmer; Shawn ‘Shawn Storm’ Campbell; Kahira Jones; and Andre St John were convicted in March 2014 of the murder of Clive ‘Lizard’ Williams.
Just like day one, day two of the hearing in London remained focused on the issue of jury tampering. Both sides continued to argue whether Livingston Caine, the juror convicted of attempting to sway the jury foreman with a $500,000 bribe to secure a not-guilty verdict, should have been removed from the panel.
Had Caine been dismissed, it would have necessitated a restart of the trial, a prospect the prosecution, represented by King’s Counsel Peter Knox, deemed challenging given the trial’s already lengthy duration.
Knox contended that there was minimal risk of bias influencing the verdict, citing overwhelming evidence against the appellants. He highlighted various pieces of evidence, including incriminating audio recordings of Vybz Kartel and text messages from the deceased, and reported damage to Palmer’s residence, where the murder allegedly occurred.
In the event of convictions being overturned, the prosecution expressed its desire for a retrial, emphasizing the importance of considering the decisions made by the Jamaican Court of Appeal, which is most familiar with the Jamaican legal system.
Fair trial impossible for Kartel, lawyers say
However, King’s Counsel Hugh Southey, representing the appellants, countered the notion of a retrial, asserting that the passage of time and the high-profile nature of the case have made a fair trial unfeasible.
“Those difficulties have not diminished, they have become greater because of passage of time. This is something that is now high profile. In our submission, that submission supports our argument that there is no point remitting this … because a fair trial is now very difficult, impossible, we would submit,” Southey said.
Isat Buchanan, another attorney for the appellants, emphasized their pursuit to overturn the men’s convictions.
“There’s no remedy, no consideration for a retrial or a second chance,” he affirmed.
The decision from the Privy Council is expected to be delivered 12 weeks from today.
Read more: Jury tampering highlighted as key issue during Vybz Kartel Privy Council appeal hearing
