The Jamaican government could have to repay some $150 million in lawyer fees to Vybz Kartel and his three co-accused for their United Kingdom Privy Council appeal.
A new report reveals that the government paid £185,659 (J$36.2 million) to the British lawyers who argued against the appeal before the Judicial Committee of the Privy Council (JCPC). This includes £48,138 (J$9.3 million) paid last year for the defense’s unsuccessful application to introduce new evidence. An additional £137,521.80 (J$26.8 million) was paid in April for the core appeal arguments, according to data obtained by the Gleaner from the Finance Ministry’s compensation unit.
The Privy Council ultimately overturned the murder convictions in March, stating that the decision to keep a tainted juror was “fatal to the verdict.” The London court also ordered Jamaica to cover the legal costs for Kartel and his co-defendants.
Their attorneys are still calculating these costs, which, according to a Gleaner source, could reach J$150 million. If the government disputes the costs, the Privy Council will determine the final amount.
“You can calculate 36 million times four because none of the King’s Counsels representing Kartel and his co-accused will want less than what the government paid, and they have junior lawyers to pay as well,” the source said.
Jamaica was represented by British attorney Peter Knox, KC, and a junior colleague, both instructed by the law firm Charles Russell Speechless.
Kartel and his co-accused hired at least three King’s Counsels from England and several Jamaican attorneys for the appeal. His attorneys were David Hislop KC, Isat Buchanan, and Alessandra LaBeach, who were instructed by Simons Muirhead & Burton LLP.
Shawn ‘Storm’ Campbell’s attorneys included Julian Malins KC, Bert Samuels, Thalia Maragh, Linda Hudson, Bianca Samuels, and Isat Buchanan. Andre St. John and Kahira Jones were represented by Hugh Southey KC, John Clarke, James Robottom, and Anirudh Mathur.
A senior government insider defended the payments, citing the complexity of the case, which involved four accused persons, each represented by at least two attorneys, and over 6,000 pages of legal arguments.
The insider added that the legal challenge was Jamaica’s biggest appeal in the last twenty years, involving extensive preparation and several different applications beyond the two-day televised hearing in February.
“A lot of preparation would have gone into the different issues that arose, not only in relation to Vybz Kartel, but the other accused persons and there were several different applications that were made,” they said.
A costly (possible) retrial
Since the Privy Council’s ruling, the Jamaican Court of Appeal held a six-day hearing in June to determine whether Kartel and his co-accused should face a second trial for the 2011 murder of Clive ‘Lizard’ Williams.
During the hearing, the Acting Director of Public Prosecutions, Claudette Thompson, told the Court of Appeal that the state would have to bear the expenses of a retrial, should that be the outcome.
“The state will have to bear the cost. It will just have to bear the cost,” Thompson said.
“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,” she added.
Chief Justice Marva McDonald-Bishop interjected, saying, “You are saying because it is a murder and the type of murder, the government will have to find the money?”
McDonald-Bishop further challenged the prosecutor, stating, “If one case is going to deplete all our resources — time, money, human — then that has to be considered.”
McDonald-Bishop, along with Justices Paulette Williams and David Fraser, will hand down their decision before July 31.
