Release or Retry: The New Vybz Kartel Hearing Begins

On Monday, the Court of Appeal began hearings to determine whether dancehall artiste Vybz Kartel and three other men will face a new trial for murder.

The proceedings, expected to last five days, will be overseen by Judges Marva McDonald-Bishop, Paulette Williams and David Fraser.

Judge McDonald-Bishop stressed to the media that the court “will not hesitate” to take action against anyone who breaches the rules on reporting the hearing. She highlighted the growing problem of the unregulated spread of information through social media, stating that those spreading such content could face contempt of court charges.

An important argument of the defense will be the impact of the pre-trial publicity. Meanwhile, the Office of the Director of Public Prosecutions (DPP) is calling for a retrial, a position disputed by the suspect.

Factors considered in a retrial include the availability of witnesses, possible bias against the suspect, the interests of justice and the public interest.

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Background to the case

Adidja Palmer, better known as Vybz Kartel, was charged with the murder of Clive ‘Lizard’ Williams in September 2011, along with Shawn ‘Shawn Storm’ Campbell, Kahira Jones and Andre St John. The four were sentenced in March 2014 to life in prison the following month. Their convictions were upheld by the Court of Appeal in 2020.

However, on March 14, 2024, the British Privy Council, Jamaica’s highest court of appeal, quashed these convictions due to juror misconduct. The judge was unable to dismiss juror Livingston Cain, who was later found guilty of taking bribes to influence the jury. Despite overturning the convictions, the Privy Council did not release the men, but instructed the Court of Appeal to decide on a possible retrial.

Kartel and his co-suspects maintain their innocence.

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Current status

On May 30, Judge Andrea Thomas ruled that Vybz Kartel and two of his three co-defendants would remain in custody pending the decision on a new trial, following a habeas corpus application. Judge Thomas stated that as long as the retrial issue remains unresolved, the murder charge will remain in effect.

As the hearing progresses, all eyes will be on the Court of Appeal’s decision, which has significant implications for both the defendants and the wider Jamaican legal landscape.

In a recent television interview, just days after the habeas corpus petition for the deejay’s release was denied, lawyer Isat Buchanan revealed that the artist’s health is rapidly deteriorating.

Vybz Kartel reportedly suffers from Graves’ disease and a heart condition.

The deejay’s health is also one of the arguments given for his release.

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