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The Jamaican Court of Appeal has ordered the release of dancehall artist Vybz Kartel and his three co-accused, ruling that no retrial be granted and acquitting them of the 2011 murder of Clive “Lizard” Williams.
New Chief Justice Marva McDonald-Bishop said the court’s decision was unanimous.
She said the judge makes the decision based on 12 factors, including the seriousness of the crime, the strength of the prosecutor’s case, the sufficiency of witnesses, whether a retrial can be held within a reasonable time and the cost of a retrial.
“In the interests of justice, we do not need to retry the appellant,” she said.
The judge made the decision based on the following reasons: the prosecution had not adequately explained the availability of its witnesses, how long the trial might take (estimated to be 15 years), “unreasonable interference” with the appellant’s human right to a fair trial within a reasonable time during the first trial, potential prejudice to the appellant, and the complexity of the trial, including its length, cost and other court resources.
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She said a new trial would place a heavy burden on the appellant, who had been in custody for 13 years, and that this was a factor in their decision.
Justice MacDonald-Bishop led a three-judge panel hearing the case alongside Justices Paulette Williams and David Fraser.
In June, the Court of Appeal heard six days of extensive legal arguments from the defense and prosecution. Defense attorney Isat Buchanan argued that the acquittal was necessary to prevent further constitutional violations by Vybz Kartel and his three co-defendants. Buchanan argued that prosecutors had not yet addressed how they would mitigate those violations, saying, “The uncertainty of maintaining or continuing the violations exacerbates the violation.”
Instead, Acting Attorney General Claudette Thompson argued that Vybz Kartel and his co-defendants should not escape justice on a technicality. Thompson insisted a retrial was justified given the seriousness of the crimes, the strength of the case, the public interest, and the availability of witnesses. She insisted that the torture the defendants had endured was not enough to justify avoiding a retrial.
Adijah Palmer, also known as Vybz Kartel, was charged with the murder of Clive “Lizard” Williams in September 2011 along with Sean “Shawn Storm” Campbell, Kashila Jones and Andre St John. The four were convicted in March 2014 and sentenced to life imprisonment the following month. The Court of Appeal upheld their convictions in 2020.
However, on March 14, 2024, the Privy Council, Jamaica’s highest appellate court, overturned the convictions on the grounds of juror misconduct. The trial judge failed to dismiss juror Livingston Kane, who was later convicted of accepting bribes to influence the jury. Despite overturning the convictions, the Privy Council did not release the men, but instead asked the Court of Appeal to decide whether a retrial was necessary.
Cattell and his co-defendants have maintained their innocence.
Background reading: Release or retrial? Vybz Kartel retrial hearing begins
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