Court of Appeal orders the release of Vybz Kartel and co-accused

Jamaica’s Court of Appeal has ordered the release of dancehall artist Vybz Kartel and his co-accused, ruling against a retrial and acquitting them of the 2011 murder of Clive “Lizard” Williams.

The decision of the court was unanimous, said the newly minted President of the Court Justice Marva McDonald-Bishop.

She said there were 12 factors on which the judges based their decision, including the seriousness of the crime, the strength of the prosecution’s case, the availability of witnesses, whether a retrial can be facilitated within a reasonable time, and the cost of the retrial.

“The interests of justice do not require a new trial to be ordered for the appellants,” she said.

Among the reasons that guided the judges’ decision were the insufficient account by the prosecution for the availability of its witnesses, the likely time in which a new trial would take place (an estimated 15 years), the “unjustifiable interference” of the appellants’ human rights to a fair hearing within a reasonable time during the first trial, potential prejudices against the appellants, and the complex nature of the trial, including the length, cost, and other court resources.

She said the toll that a retrial would take on the appellants, who have already spent 13 years in custody, was also a factor in their decision.

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.”

Conversely, Acting Director of Public Prosecutions Claudette Thompson argued that Vybz Kartel and his co-accused should not escape justice on a technicality. Given the seriousness of the offense, the strength of the case, the public interest, and the availability of witnesses, Thompson asserted that a retrial is justified. She maintained that the ordeal suffered by the accused is not sufficient reason to avoid a retrial.

Adidja Palmer, known as Vybz Kartel, along with Shawn ‘Shawn Storm’ Campbell, Kahira Jones, and Andre St John, were charged with the murder of Clive ‘Lizard’ Williams in September 2011. The four were convicted in March 2014 and sentenced to life in prison the following month. Their convictions were upheld by the Court of Appeal in 2020.

However, on March 14, 2024, the UK-based Privy Council, Jamaica’s highest court of appeal, overturned these convictions due to juror misconduct. The trial judge had failed to dismiss juror Livingston Cain, who was later found guilty of accepting a bribe to influence the jury. Despite overturning the convictions, the Privy Council did not free the men, instead mandating the Court of Appeal to decide whether a retrial was necessary.

Kartel and his co-accused maintain their innocence. Three of the four men are expected to be released from prison today. Jones will remain in custody because he is serving a sentence in an unrelated case.

Background reading: To release or retry? Vybz Kartel retrial hearing begins