Jamaica’s Court of Appeal has mandated the release of Vybz Kartel, a dancehall artist, along with his three co-accused, clearing them of the 2011 murder of Clive “Lizard” Williams.
The President of the Court, Justice Marva McDonald-Bishop, stated that the court’s decision was unanimous.
She noted that the judges relied on 12 factors to reach their decision, which included the severity of the crime, the strength of the prosecution’s case, the availability of witnesses, the feasibility of a retrial within a reasonable timeframe, and the cost of a retrial.
Additionally, she mentioned that the toll a retrial would take on the appellants, who have already served 13 years in custody, was also considered in the decision-making process.
“The interests of justice do not require a new trial to be ordered for the appellants,” she said.
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Justice McDonald-Bishop led the panel of three judges deliberating the case, alongside Justices Paulette Williams and David Fraser.
In June, the Court of Appeal heard six days of extensive legal arguments from both the defense and the prosecution. Defense attorney Isat Buchanan argued that an acquittal is necessary to prevent further constitutional breaches against Vybz Kartel and his three co-accused. Buchanan contended that the prosecution has not addressed how they will mitigate these breaches, stating, “The uncertainty of sustaining or continuing the breach elevates the breach.”
Acting Director of Public Prosecutions Claudette Thompson argued that Vybz Kartel and his co-accused should not be let off due to a technicality. She stated that, given the serious nature of the offense, the strength of the case, the public interest, and the availability of witnesses, a new trial is warranted. Thompson asserted that the ordeal suffered by the accused is not a valid reason to avoid a retrial.
Adidja Palmer, also known as Vybz Kartel, along with Shawn ‘Shawn Storm’ Campbell, Kahira Jones, and Andre St John, faced charges related to the murder of Clive ‘Lizard’ Williams in September 2011. The four were found guilty in March 2014 and were given life sentences the following month. Their convictions were upheld by the Court of Appeal in 2020.
However, on March 14, 2024, the Privy Council, which is Jamaica’s highest court of appeal, overturned these convictions due to juror misconduct. It was discovered that juror Livingston Cain had accepted a bribe to influence the jury, and the trial judge had failed to dismiss him. Despite overturning the convictions, the Privy Council did not release the men, instead instructing the Court of Appeal to determine if a new trial was necessary.
Kartel and his co-accused continue to assert their innocence.
