By Nakinskie Robinson
Prison walls will no longer separate Vybz Kartel and his three co-accused, Shawn Campbell, Kahira Jones and Andre St. John from the streets of Waterford in Portmore, St. Catherine.
This, after Justice Marva McDonald Bishop ordered that a retrial was not on the cards for the men.
The ruling was handed down Wednesday afternoon in the Court of Appeal in downtown Kingston, granting freedom and bringing an end to a decade-long legal battle for dancehall artiste Adidja 'Vybz Kartel' Palmer and his co-accused, Shawn 'Shawn Storm' Campbell, Kahira Jones and Andre 'Mad Sus' St. John.
The men were in 2014 convicted for the 2011 murder of Clive 'Lizard' Williams.
Kartel and his co-accused had petitioned the court outlining their case for their liberty after the UK based Privy Council quashed their convictions on March 14 this year and sent the matter back to the local courts to determine if a retrial should be ordered.
Delivering the ruling, Justice McDonald Bishop outlined the factors that influenced the unanimous decision.
They included the insufficient and inadequate account by the prosecution for the availability of its witnesses and trial exhibits; the time, expense and impact on court resources; the lapse of time between the commission of the alleged offence and likely time for a new trial to take place, which the court estimated to be at least 15 years; as well as the psychological and medical effect a retrial would have the men.
Listing the considerations in favour of a retrial, Justice McDonald Bishop cited the egregious nature and seriousness of the offence; the prevalence of murder in Jamaica; that the features of the case "bear every hallmark of a deliberate attack on, and barefaced defiance of law and order" involving allegations relating to illegal firearms, an alleged killing in which the body of the deceased has not been retrieved, and an interference with a crime scene while it was under the control of the police.
The court also considered other factors, including the much-debated issue of publicity, but said this was neither for nor against a retrial.
After weighing all considerations, the Court of Appeal decided to enter an order of acquittal for the men.
Kartel and two others were released from prison on Wednesday afternoon. The fourth, Kahira Jones, remains behind bars as he is serving an 18-year sentence in a separate matter.
Following the ruling, Kartel's attorney Isat Buchanan credited God for the win.
"You cannot do anything without God. That's where I stand," he said, adding that he was happy for the appellants.
It was a carnival-like atmosphere on King Street in downtown as news of the ruling spread.
"Mi nah lie, mi glad, mi happy," said Sandy, a self-styled "loyal" supporter of the artiste. "A long time now dem fi free di boss, and mi thank di court system!" she declared.
'No other choice'
Meanwhile, attorney Bert Samuels, who represented Shawn Campbell before the Privy Council, said the Court of Appeal had no other choice but to order the release of Vybz Kartel and his co-accused.
He noted that the Court of Appeal, when it heard arguments in the case, had questioned the track record of matters set for retrial and how soon those matters were actually retried.
"And the statistics were not looking good for the prosecution. Therefore, when the court did the balancing act of looking at the seriousness of the offence, but also the rights of the accused and the fact that the law has changed and the sentences for murder is much more now than when Kartel stood trial in 2014... the court seemed to have had no choice based on local conditions...the constitutions...the rights of the accused...the mental state of the accused and the fact that they were not responsible for any of this happening," Mr. Samuels argued.
He said Wednesday's ruling will have far reaching implications for future cases.
In a statement on Wednesday evening, the Office of the Director of Public Prosecutions said it is awaiting a summary and full written decision from the Court of Appeal before commenting.
comments powered by Disqus