Day 1 in the Vybz Kartel murder appeal in the U.K.’s Privy council is complete and several developments happened in court today as lawyers for the defense and the prosecution presented their arguments.
The defense, which includes Shawn Campbell (Sean Storm), Adidja Palmer (Vybz Kartel), Kahira Jones, and Andre St John, argued for the exclusion of telecom evidence, citing breaches of the Telecoms Act and Charter (Fundamental Rights and Freedom). However, the judge questioned the relevance of this evidence to Kartel’s conviction, indicating potential failure on this ground.
Vybz Kartel, a prominent Jamaican dancehall artist, along with his co-accused are seeking to overturn their murder conviction in a London court. Lawyers representing the defense argue that attempts to bribe the jury during his trial and the use of incriminating messages render his conviction unsafe.
Kartel has been imprisoned in Jamaica since 2011 for the disappearance of Clive “Lizard” Williams, despite Williams’ body never being found. Following a lengthy trial in Kingston, Kartel and three others were convicted in 2014. Kartel’s sentence of life imprisonment, with a minimum of 35 years, was later reduced to 32-and-a-half years on appeal.
In their final appeal at the Privy Council in London, Kartel and his co-defendants argue that the messages used as evidence were obtained unlawfully under Jamaican law. They also claim that the trial judge mishandled allegations of jury tampering, potentially prejudicing the jury.
Prosecutors maintain that the evidence against Kartel and his co-defendants was substantial, with Peter Knox stating that any trial irregularities did not result in a miscarriage of justice.
During deliberations today, the judge specifically inquired about Palmer’s BlackBerry phone and video, which the defense clarified were not included in the disputed telecom evidence. It became apparent that the only relevant incriminating evidence pertained to Campbell’s knowledge of the crime.
Judge asked explicitly whether Palmer’s BlackBerry phone and video were included in the telecoms evidence being debated. To which Defence clearly replies that these are not included in the disputed telecom evidence.
Only relevant incrim relates to Campbell’s knowledge of crime.
— ML. Simms (@ML_Simms1) February 14, 2024
Further arguments revolved around whether evidence obtained in breach of the Telecom Act and Constitution should be automatically excluded. It was acknowledged that the exclusion of such evidence wouldn’t impact Kartel’s conviction significantly.
Judge asked Defence what should have happened in relation to 1st discharged juror.
Defence – 1. Judge should established whether discharged juror spoke to other jurors and if so, what she said.
2. Whether she told other jurors that Kartel was source of threat against her son.
— ML. Simms (@ML_Simms1) February 14, 2024
Regarding jury issues, concerns were raised about the independence and impartiality of the verdict. An incident involving a released juror accused of bribery complicated matters, as the judge couldn’t discharge the accused juror without risking the entire jury’s dismissal and necessitating a new trial.
Subsequent revelations of juror misconduct post-verdict further cast doubt on the integrity of the trial. However, it was noted that Jamaican law lacked provisions for a judge to continue a trial alone in cases of jury misconduct.
Defence arguing that had judge asked more questions about attempts to bribe jurors, then it would have been clear that jurors should have been discharged – as there was a real risk of bias against accused and whether jurors were truly independent and hence gave a fair verdict.
— ML. Simms (@ML_Simms1) February 14, 2024
Challenges were also raised regarding the prejudice caused by the discharge of the first juror and subsequent events. However, the defense struggled to provide clear evidence of prejudice, leading to skepticism from the judge.
Finally, attention was drawn to another incident involving a jury member convicted of attempting to pervert the course of justice. Despite this, the juror remained part of the jury, underscoring the complexities surrounding jury management in the trial.
The court has ended for the day and will resume for a final day of trial at 10:30am (UK time) on 15 February 2024.
