A statement released on March 18, 2024, attributed to Jamaica’s former Prime Minister, The Most Honourable P.J. Patterson, KC, who is a lawyer by profession, and Attorney Mr. Hugh Small, KC, addressing the landmark judgment handed down by the Privy Council in the Vybz Kartel appeal on Tuesday, found its way onto the desk of World Music Views.
In the joint statement, Patterson and Small draw parallels between the Kartel case and a seminal case from 1983, The Gleaner Company Limited and John Hearne v. Michael Manley, wherein they served as Counsel for the Plaintiff, Manley. They note that unlike in the Vybz Kartel case, a jury was dismissed, and a new trial was ordered.
“Neither the trial judge, Justice Lennox Campbell, nor the three judges who heard the appeal from the ruling and verdict, were apparently aware that there was a judgment of the Court of Appeal of Jamaica in 1983 that ruled in similar circumstances, that the duty of the court was to discharge the entire jury and order a new trial,” the statement said.
The UK’s Privy Council overturned Vybz Kartel’s murder conviction, along with his co-accused Shawn Campbell, Kahira Jones, and Andre St. Johns on March 14, 2024, based on concerns of jury tampering that violated Kartel’s constitutional rights. The case was sent back to Jamaica’s Court of Appeal for a potential retrial.
This historical reference in the Manley case, where Justice UD Gordon made a decision to discharge the foreman of the jury on grounds of apparent bias while continuing with the remaining jurors, was met with scrutiny. The subsequent ruling by the Court of Appeal of Jamaica, advocating for the discharge of the entire jury and a new trial, underscored the importance of upholding the sanctity of justice.
Patterson and Small cited that in 1983, President of the Court of Appeal, Justice Edward Zacca stated: “Nothing should be done which creates even a suspicion that there has been an improper interference with the course of justice.”
As the world keeps an eye on the next steps and complexities of the Vybz Kartel appeal, the DPP Paula Llewelyn noted yesterday during an interview that her decision to retry will not be based on emotions but based on the law. “I believe we will be obliged to, given the strength of the case for the prosecution that was put up and given the authority for the case law,” the DPP said.
Kartel’s official Instagram account responded to Llewelyn’s statement on Nationwide 90FM saying, “Hold on, did she just admit that she and suchman have done this several times before???!!! Oooh so it wasnt the first time constitutional rights were breached? When you poor & can’t afford to fight all the way to the top, is a hell ova ting…the constitution is a sacred document and constitutional rights belong to the people, regardless of social/financial status.”
See full statement below:
