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A report from Radio Jamaica's legal analyst Dionne Jackson Miller
By Dionne Jackson Miller
The widespread publicity in the Vybz Kartel murder case was the focus of attention as the Court of Appeal continued its hearing to decide if the incarcerated entertainer and his three co-accused should be retried for the murder of Clive 'Lizard' Williams.
Lawyers representing the men argued on day three of the hearing that a retrial would be unfair to the accused due to the publicity of the case.
Attorney John Clarke, in addressing the Court of Appeal on Wednesday, said there were steps the trial judge could have taken to minimise the excessive publicity, such as a gag order.
If that had been done, he said, the appellants would not have had anything to complain about.
However, he contended that given the widespread publicity after the trial about the tainted juror who tried to bribe other jurors, this gave a very negative impression of the men to many members of the public. As a result, he said any new trial will inevitably be affected.
Using 'Humpty Dumpty' as an analogy for the integrity of the trial process, Mr. Clarke argued that it is now "impossible to put Humpty Dumpy together again".
Attorney Isat Buchanan, who represents Kartel, had earlier on Wednesday argued against a retrial, citing his client's declining mental and physical health.
For these reasons, he said, a retrial would not be in the interests of justice.
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