Dancehall entertainer Vybz Kartel and his three co-accused are to remain behind bars.
A ruling on their habeas corpus application was delivered by Judge Andrea Thomas on Thursday following the conclusion of arguments made by the defense and the prosecution in court on Wednesday afternoon.
In handing down her ruling, Judge Thomas stated that as long as the issue of the retrial is pending, the charge of murder still remains in effect.
“I find that their present custodial status is not in breach of the constitution,” Judge Thomas added.
Lawyers representing Kartel and two of his three co-accused filed the habeas corpus application seeking their release on Monday, May 14 because of issues the defense did not wish to disclose.
The application targeted the release of Kartel, known legally as Adidja Palmer, along with Shawn ‘Shawn Storm’ Campbell, and Andre St John. However, the fourth co-accused, Kahira Jones, is engaged in a separate legal matter before the court.
In Jamaica, a habeas corpus application serves as a legal avenue for reporting unlawful detention or imprisonment to the court, prompting a review to determine the lawfulness of the detainment.
The application followed the Privy Council’s decision on Thursday, March 14, to quash the convictions of Kartel and his co-accused for the 2011 murder of Clive ‘Lizard’ Williams.
The Privy Council had directed that the case be sent back to Jamaica’s Appeal Court to determine if a retrial is necessary for Kartel and his co-accused.
Since the ruling, Vybz Kartel has remained in prison. In a statement to Fox 5 News, he questioned the necessity of a retrial, expressing confidence that the Jamaican Court of Appeal would act justly and free them.
“I am confident that the Court of Appeal in Jamaica will do the right thing in the name of equity, fairness, and justice and free us. Some people have expressed their concern to me that a retrial may be ordered, but to them, I say (albeit with my limited knowledge of the law), ‘What is there to retry?’” he stated.
Starting June 10, the Court of Appeal will dive into arguments to decide whether a retrial is warranted. This judicial process is slated to span five days.
