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No release for Vybz Kartel and co-accused, judge rules

Supreme Court judge, Justice Andrea Thomas, has ruled that dancehall entertainer Vybz Kartel and two of his three co-accused should remain behind bars pending the decision of the Court of Appeal on whether they are to be retried for the murder of Clive 'Lizard' Williams.
 
Justice Thomas delivered her written judgment on Wednesday afternoon.
 
Attorneys for Kartel, whose given name is Adidja Palmer, Shawn 'Shawn Storm' Campbell and Andre St. John had filed a habeas corpus application requesting their release following the recent Privy Council decision to quash their convictions.
 
The attorneys had argued that because the convictions were thrown out, the charges against the men no longer existed, so they were being unlawfully detained and unconstitutionally deprived of their liberty.
 
But in refusing their release, Justice Thomas said the charges against the men remain, despite their convictions being quashed by the Privy Council. She added that the Commissioner of Corrections was not acting in breach of the Corrections Act by continuing to hold them in custody, since there was no order from any court for their release. 
 
The judge said the habeas corpus application cannot be used to circumvent the proper procedures of the court, adding that it is the Court of Appeal which has the jurisdiction is this matter to decide whether the men be released or retried. 
 
The Privy Council overturned the men's conviction on March 14, this year - ten years after they were convicted on March 13, 2014. 
 
It sent the matter back to Jamaica's Court of Appeal, which will, after a June 10 hearing, determine whether there should be a retrial in the murder case. 
 


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