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30/05/2024

Vybz Kartel’s Habeas Corpus Application Denied: “I Find That Their Present Custodial Status Is Not in Breach of the Constitution,” Says Judge

Vybz Kartel, photo by William Richards
Vybz Kartel, photo by William Richards

Dancehall artist Vybz Kartel’s habeas corpus application was not granted by the Jamaican Supreme Court today, May 30. All eyes were on the Supreme Court in Kingston, where Justice Andrea Thomas refused the habeas corpus requesting that Vybz Kartel, whose real name is Adidja Palmer, and his co-accused be granted bail and released amidst a pending decision on a retrial from the Court of Appeal.

The hearing to determine whether there will be a retrial for Kartel, along with his co-accused Shawn ‘Shawn Storm’ Campbell, Kahira Jones, and Andre St John, is scheduled to begin on June 10.

The habeas corpus application seeking the release of Palmer, Campbell, and St John starter yesterday and was adjourned until 2 p.m today. There was a further delay due to overcrowding at court. The submissions, presented by the applicants’ attorney Isat Buchanan, did not address the fourth co-accused, Jones, who reportedly has another case before the court.

Attorney at Law S. Hanson in his live tweets of the court proceedings shared that, In her decision, the Judge Andrea Thomas indicated that she prepared written decisions and then began with the outline of the application. She examined the effect of the Privy Council ruling. In her summation, she agrees that the ruling doesn’t amount to acquittal or a new charge.

The Supreme Court judge found that Kartel and his co-accused custodial status was not breach of Jamaica’s constitution. She further stated that according to Jamaica’s bail act, persons on appeal can only be granted bail if they were granted bail prior to conviction.

Hanson shared, ‘Judge goes even further to make reference to person on appeal for muder- that they wold not be allowed to be granted bail pending the determination of the Court of Appeal,’ siting Section 5 of the Bail Act which she says is application to the Applicants (Kartel and co-accused).

The men were convicted in 2014 for the 2011 murder of Clive ‘Lizard’ Williams, who was allegedly killed after failing to return two unlicensed guns given to him by Kartel. Kartel and his co-accused have denied involvement in Williams’ death. In March, the Privy Council quashed their murder convictions due to juror misconduct and referred the case back to the Court of Appeal to decide on a retrial.

 

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