By Racquel Porter
A High Court judge is to rule today whether dancehall entertainer Vybz Kartel and two of his three co-accused will be released from custody, days before the hearing to determine whether there should be a retrial of their murder case.
The retrial hearing for Kartel, whose given name is Adidja Palmer, and his co-accused, Shawn 'Shawn Storm' Campbell, Kahira Jones and Andre St. John's is to begin on June 10.
A habeas corpus application, seeking the release of three of the men, was heard before Justice Andrea Thomas in the Supreme Court on Wednesday.
The application does not include Kahira Jones who has another matter before the court.
Mr. Palmer's attorney, Isat Buchanan, said the habeas corpus application is not a contentious one but is before the court because of a lacuna in the law which is depriving the appellants of their liberty.
Mr. Buchanan told the court he asked by way of a letter to the Department of Correctional Services (DCS), which is the first respondent in the application, on what authority the men remain detained, and was directed to the court by the DCS.
Attorney representing the Office of the Director of Public Prosecutions, Paula-Sue Ferguson, submitted that the Privy Council judgment does not automatically mean that the applicants are to be released.
Noting that the Privy Council judgment quashed their murder conviction, Miss Ferguson said it did not make an order as to whether the applicant and his co-accused are to be released.
She said what is clear is that the matter is reserved for the Court of Appeal.
Kartel and his co-accused are being held at the Tower Street Adult Correctional Centre.
They were convicted on March 13, 2014 for the murder of Clive 'Lizard' Williams, but the conviction was recently overturned by the Privy Council.
Mr. Williams was allegedly killed after he failed to return two unlicensed guns, given to him by Kartel for safekeeping.
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