The Jamaican Court of Appeal has released a detailed judgment outlining its decision not to pursue a retrial for dancehall artist Vybz Kartel and his co-defendants.
Kartel, along with Shawn ‘Shawn Storm’ Campbell and Andre St. John, was freed in July following a decade-long legal battle over the 2011 murder of Clive ‘Lizard’ Williams.
In its 70-page ruling, the court noted significant procedural and logistical challenges that influenced its decision, primarily focusing on the prosecution’s failure to secure the necessary witnesses and evidence from the original trial.
According to the judgment, the Office of the Director of Public Prosecutions (DPP) had not provided sufficient proof that all critical witnesses were available and willing to testify again. An affidavit from Senior Deputy DPP Jeremy Taylor was submitted, stating efforts were made to locate witnesses, but the judges found these efforts insufficient.
The ruling emphasized the importance of securing reliable evidence before a retrial. Missing exhibits—including video recordings, voice notes, and other key pieces—complicated the case further. These items, once held in the custody of the Supreme Court, were never accounted for, and the judges remarked that their absence would weaken the prosecution’s case and undermine the defense’s ability to argue effectively if a retrial were to proceed.
The court also considered additional factors, such as the lengthy time Kartel and his co-accused had already spent in custody, the financial and logistical strains of a retrial, and the potential violation of the defendants’ constitutional rights to a timely hearing. The anticipated timeline for a new trial was estimated at 15 years, a period that the judges found prohibitive, especially given the nature of the original trial and the health issues faced by the defendants.
Justice Marva McDonald-Bishop, leading the panel of three judges, concluded, “The interests of justice do not require a new trial to be ordered for the appellants.” In addition to procedural concerns, she noted the toll another lengthy trial would take on the defendants, stating that the combination of missing evidence, witness availability, and extensive resource demands weighed heavily against a retrial.
This decision marks a significant closure to one of Jamaica’s most high-profile criminal cases, with Kartel, Campbell, and St. John now free. The court’s judgment brings clarity to its rationale, underscoring the unique challenges and complexities surrounding the case and their ultimate impact on the decision not to proceed with a retrial.
