Day 2 is complete in the Vybz Kartel murder trial which has been taken to the U.K.’s Privy Council, Jamaica’s highest court for its final appeal.
Kartel and three others were convicted and sentenced to life imprisonment in April 2014 with a minimum of 35 years. It was later reduced to 32-and-a-half years on appeal.
Today’s proceedings in the UK’s high court, as captured in a series of tweets by ML. Simms, shed light on the intricate legal arguments and challenges facing both the prosecution and the defense.
The prosecution opened the floor with two critical questions: Was the judge obligated to discharge the jury due to a bribery allegation against one juror? And was there a duty to discharge other jurors to prevent bias against the defendants? These questions set the stage for a nuanced discussion on the integrity of the trial process.
Court resumes:
Counsel for Prosecution: on proper construction of Jury Act, no automatic disqualification of juror because he has acted improperly. It is only when a juror is discharged that the number of the jury is affected😑
— ML. Simms (@ML_Simms1) February 15, 2024
Prosecution counsel referenced legal precedent to argue against automatic jury discharge in cases of interference, fearing it would cast doubt on the entire jury system. However, the judge’s response indicated a firm stance on the discharge of a compromised juror, underscoring the gravity of the situation.
A particularly contentious issue emerged regarding the potential bias of unbribed jurors influenced by the bribery attempt. Despite efforts by prosecution counsel to downplay the risk of injustice, the judge questioned the adequacy of the trial judge’s directions to mitigate bias.
Judge – the real problem that we are facing is that the whole of the rest of the jurors could have been biased against the defendants🥹
What a conundrum👀
— ML. Simms (@ML_Simms1) February 15, 2024
The debate further delved into the intricacies of the Jury Act, with confusion arising over its implications for the case. The prosecution argued against mandatory jury discharge due to bias risks, emphasizing the need to uphold the justice system’s integrity.
The prosecution counsel’s plea to defer to local courts familiar with the case’s dynamics highlighted the intricate balance between legal technicalities and practical considerations.
As the session adjourned, anticipation mounts on whether there will be a retrial of Vybz Kartel and his three co-accused, Shawn Campbell (Sean Storm), Kahira Jones, and Andre St John of the murder of Clive “Lizard” Williams.
The panel of judges in Jamaica’s highest court who are scrutinizing the legal arguments to determine the appeal’s merits, and will come back with a verdict within 12 weeks are Lord Reed, Lord Lloyd-Jones, Lord Briggs, Lord Burrows, and Lady Simler.
