Vybz Kartel and his three co-accused are headed back to the Jamaican Court of Appeal today, Tuesday (June 18, 2024), for the fifth day of the retrial hearing. Prosecutors and defense teams continue to present their arguments for and against a retrial in the high-profile murder case.
Court of Appeal Justice McDonald-Bishop had initially indicated that the submission proceedings would conclude last Friday. However, due to the extensive nature of the arguments in this landmark case, deliberations are ongoing.
Attorney Bert Samuels, speaking to ER last Friday, suggested that a quick decision is unlikely. “This is a seminal case. It’s not going to happen quickly. They are going to reserve judgment, write the decision, and come back sometime later,” he said.
Last Friday, the defense argues that popular dancehall artist Vybz Kartel, along with Shawn “Shawn Storm” Campbell, Kahira Jones, and Andre St. John, convicted of murdering Clive ‘Lizard’ Williams in 2014, cannot receive a fair retrial due to widespread public discourse, including YouTube bloggers.
“There are voice notes in the public space; it’s now 2024, with TikTok and virtual platforms, everyone has something on their phone. No matter where in the world the public hears it, it could prejudice a fair trial,” Samuels stated. “Finding jurors who can claim they are not influenced by anything they have heard is difficult.”
Samuels, who previously represented Shawn Storm, commented that he has left the case, “This is a different phase. We went to the Privy Council and succeeded there. Now, young lawyers are taking the lead; it’s their time to punch.”
The UK Privy Council quashed the convictions in March this year and instructed the Jamaican Court of Appeal to determine whether a retrial should occur.
Samuels also mentioned that he pulled his daughter from the Kartel case “for better reasons.”
Last week in court, the prosecution lead by acting DPP Claudette Thompson suggested that the trial might get a date in 2025, although uncertainty remains. Kartel’s lawyer, Isat Buchanan, informed Justice McDonald-Bishop that Kartel is currently operating with only 50% of his heart’s capacity and urgently needs medical attention. The prosecution countered that the prison system has the necessary resources to address his medical condition and noted the possibility of Kartel receiving bail while awaiting retrial.
It was also proposed that the state would cover the costs for the trial of all four men. The judge questioned whether this would be feasible, even while considering the heinous nature of the crime.
An optimistic Samuels said some of the evidence stacked against the production include: pretrial prejudice, the men have ben there for 13 years, are all of the witnesses there, they have not been able to positively tell the court that, there is going to be a question of delay. The constitution says you and I, Kartel, all the persons are entitled to a fair hearing within a reasonable time.
following today’s hearing, the court is set to hand down a decision by July 31.
