Attorney wants law amended to better handle jury tampering

By Nakinskie Robinson    

 

Attorney-at-law Clyde Williams is calling for an amendment to the Jury Act to make provisions on how to handle jury tampering in Jamaica.

 

His recommendation comes after the law lords in Jamaica's highest court, the UK based Privy Council, cited the absence of such provisions in Jamaican law.

 

The law lords made the observation in handing down their ruling in the murder appeal case for incarcerated dancehall entertainer Adidja 'Vybz Kartel' Palmer and three others.

 

Mr. Williams believes implementing such a law would relay a warning to lawbreakers. 

 

"I think it would send a very strong signal to the persons who want to tamper with juries to say, listen, well, if you want one person to decide the case, tamper with the jury."

 

While the attorney acknowledged that shortcoming of jury trials, he sought to make it clear that "jury trials are a right" and there should be no attempt to abolish them. 

 

"Putting the fate of a defendant or the victims for that matter and the family of the victims in the hand of one person is not something likely to create an environment of justice consistently and systemically. Because as you can see, it's a judge error that caused all of this," he said in reference to the Vybz Kartel case. 

 

In explaining the Privy Council's decision, Justice David Lloyd-Jones outlined that "In England and Wales, there is legislation which allows a judge in certain situations to discharge a jury because of jury tampering and to continue the trial by judge alone. There is no such legislation in Jamaica."

 

Mr. Williams said this new legislation must be carefully crafted with certain important considerations in mind. 

 

"Now, [tampering] could be isolated or contained by discharging the jury and impanelling a fresh jury. But remember, I caution by saying, whoever tampered with the first one may very well decide they are going to tamper with the second one. So you couldn't keep discharging because of tampering. You'd have to take a decision at some point in time. And that's why I use the words, and the Privy Council used the words, if it cannot be contained and isolated - the tampering - then discharge and finish a trial as a judge only." 

 

Adidja Palmer, Shawn Campbell, also known as 'Shawn Storm', Kahira Jones and Andre 'Mad Suss' St. John had been convicted on March 13, 2014 for the murder of Clive 'Lizard' Williams. 

 

The Privy Council's ruling overturned the convictions and ordered that the matter be remitted to Jamaica for a retrial consideration, on three grounds, one of which accounts for the trial continuing with an alleged corrupt juror, thereby infringing on the fundamental right of the defendants to a fair trial.

 

The Privy Council said it was mindful of the constraints faced by the judge in light of Jamaica's Constitution, but said several important factors including prejudices for or against the appellants as well as endangering the convictions by allowing the alleged corrupt juror to continue, were not properly considered.