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The Court of Appeal’s recent decision freeing Vybz Kartel and his co-appellants reinforces the need for Jamaica to retain the Privy Council as its final court of appeal, according to at least two senior lawyers.
Adidja ‘Vybz Kartel’ Palmer, Shawn ‘Shawn Storm’ Campbell, Andre St John and Kahira Jones, who were convicted of the 2011 murder of Clive Williams, were released from custody yesterday after being acquitted by a court.
Jones is serving an 18-year sentence for wounding with intent to kill a man in Waterford, Portmore, St Catherine, in 2009 and is currently serving a sentence of 18 years.
The Court of Appeal initially upheld the convictions of the two men but was forced to decide whether to retry them or release them after the Privy Council quashed the convictions in March but sent the case back to the local Court of Appeal for a new trial.
The court ruled that the trial judge should dismiss the tainted juror, Livingston Cain, who was later convicted of accepting bribes to try to influence other jurors in the case.
Crown counsel Tom Tavares Finson, one of the lawyers representing the cartel during the trial phase, welcomed the decision.
“As lead defense counsel at the trial, I certainly believe the verdict serves the interests of justice and lends credibility to the various objections raised by the cartel defense team at trial,” he said.
However, while he noted that the Privy Council had initially quashed Kartel’s conviction, he said: “I believe that the Privy Council’s impartiality in high-profile cases such as this is another reason why many Jamaicans, myself included, support retaining the Privy Council as the final appellate court in our country.
A similar sentiment was expressed by Tamika Harris, who was part of the defence team during the trial phase, saying the case had “reinforced our belief that we must continue to rely on the monarch to assist us in upholding our laws and justice system”.
She said one impact of the ruling would be that more people would be convinced of the need to retain the Privy Council.
Effective judicial system
Harris also said the verdict proved that the country’s judicial system was effective and capable of making reasonable judgments.
“A large section of society believes that our local courts will not be denied due justice and that judges will focus more on the number of murders in Jamaica and the image and reputation of Vybz Kartel rather than the legal issues before the court.”
“On the balance of all factors, the finding is not favourable for a new trial,” Court of Appeal president Marva McDonald Bishop said yesterday in announcing the ruling.
She stressed that the case was characterised by a deliberate attack and flagrant disregard for law and order, and said: “The court is therefore of the view that the nature, gravity and pervasiveness of the offences alleged in the case are strong factors in favour of a retrial.”
On the other hand, she said, “But the court finds that several equally powerful factors combine against ordering a new trial.”
She cited factors including the prosecution’s inadequate and inadequate account of the availability of witnesses and evidence at trial; the availability of witnesses and evidence on which the defence relied at the first instance; the financial impact on the appellant; and the impact on the court’s resources if a trial was ordered, all of which tipped the case in favour of the former offender.
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