Emotional pleas, the violation of constitutional rights, and the length of time to deliver an appeal judgment are among the arguments that have been put forth so far in the retrial hearing for dancehall entertainer Vybz Kartel.
On Monday, the Court of Appeal began hearings to decide whether Vybz Kartel and his three co-accused — Shawn “Shawn Storm” Campbell, Andre St. John, and Kahira Jones — will face a retrial for murder or be released. The proceedings, expected to last five days, are being overseen by Justices Marva McDonald-Bishop, Paulette Williams, and David Fraser.
Acting Director of Public Prosecutions Claudette Thompson is pushing for a retrial, while the accused are vehemently opposing it. Both sides have presented their initial arguments.
Defense lawyer John Clarke, speaking on Tuesday, highlighted systemic delays in the criminal justice system, noting that it took the Court of Appeal 21 months to deliver its 2020 judgment in Kartel’s murder appeal, while the Privy Council took only a month to make a ruling in March.
Justice Marva McDonald-Bishop countered Clarke’s argument, emphasizing the complexity of the case and the breadth of material the Court of Appeal had to review compared to the narrow focus of the Privy Council.
“We establish questions for the Privy Council Mr. Clarke, and the Privy Council refuses to look at other questions. The Privy Council focuses on one narrow issue question, which anybody in the world could have resolved without legal training,” she said.
“So don’t compare what happened there. I don’t like that because you are talking as if you are a layperson without special knowledge of the system,” she stated, adding that the delays should be viewed in the context of the case’s complexity.
Clarke argued that, given the case’s intricacies and length, it would be unfair to subject the accused to another prolonged trial. Despite his subsequent apology, Justice McDonald-Bishop pointedly responded, “The damage is done.”
Emotional pleas from Vybz Kartel sons
Defense attorneys will resume their arguments today, aiming to demonstrate that ordering a retrial would not serve justice. They contend that their clients’ constitutional rights were violated, specifically their right to a fair hearing within a reasonable time and their right to be heard by an independent and impartial court. They also argue that these violations would recur in a retrial and that if a retrial would worsen the accused’s position, it should not be considered.
The court has dismissed claims by Kartel’s son, Adidja Jahiem ‘Likkle Vybz’ Palmer, regarding his father’s fragile health, stating that medical evidence is necessary to substantiate such claims. Additionally, Justice McDonald-Bishop struck out Likkle Vybz’s assertion about his grandmother’s nightly prayers for Kartel, noting that the court cannot verify such claims.
Concerns about publicity
Concerns over potential jury bias influenced by social media, particularly YouTube channels like ‘Politricks Watch’ hosted by the anonymous ‘Sir P,’ were also raised.
Shawn Storm’s sister expressed doubts about finding impartial jurors due to widespread public discourse, potentially compromising a fair retrial. “I have seen many social media posts from bloggers like Sir P, who do not conform to any of the traditional norms of journalism who have widespread viewership who espoused all the wildest theories which will undoubtedly influence many Jamaicans who cannot be counted on to be so entranced by the Bible foisted up and confess their bias,” she said in her affidavit.
Despite objections from the prosecution, the court ruled that the defense’s arguments concerning pre-trial publicity should be considered.
Kartel, whose real name is Adidja Palmer, along with the three men, had their murder convictions overturned by the Privy Council in March. They were convicted of the 2011 murder of Clive “Lizard” Williams. The Privy Council also ruled that the case be sent back to Jamaica’s Court of Appeal to determine whether a retrial should occur.
The retrial hearing is expected to conclude on Friday.
