Winds can blow either way for Vybz Kartel, co-accused

Since his murder in 2011, the name Clive ‘Lizard’ Williams has cast dark clouds over those found responsible, and his murder trial raising some questions about the judicial system.

At the eye of the storm, waiting among calmer waters, is dancehall star Adidja ‘Vybz Kartel’ Palmer, fellow entertainer Shawn ‘Shawn Storm’ Campbell, Andre St John and Khaira Jones.

The men were convicted of Williams’ murder in 2014 by a jury of their peers. The facts of the case are that “After a trial lasting 64 days before the trial judge and a jury in the Home Circuit Court in Kingston, Jamaica, the appellants were convicted of Mr Williams’ murder. The prosecution’s case was that the appellants murdered Mr Williams on 16 August 2011 after he failed to return two unlicensed firearms which the second appellant, Mr Palmer, had given him for safekeeping. Mr Williams was not seen or heard from after that date, and his body has never been found.”

Kartel and his co-convicts denied any involvement in the killing and an appeal was set in motion. In April 2020, the Court of Appeal dismissed the appellants’ appeal against conviction. Now more than a decade later, the accused men have brought the matter before Jamaica’s final court of appeal, the Judicial Committee of the Privy Council (JCPC).

For attorney-at-law Christopher Townsend, the winds can blow one of two ways. “My bet is on a retrial, but, I would not be surprised if there is an outright acquittal,” Townsend told The Sunday Gleaner.

“One of the major arguments that seems to have detained them, is really the question of fairness at the trial process. If it is we had missed that opportunity to be fair – and we could have easily done something about it during the trial – to give the state another bite of the cherry after he has spent such a long time in custody would actually be unfair,” he continued.

The conversation of unfairness stems from several concerns within the handling of case. That is: the telecommunications evidence relied on by the prosecution, how the judge handled the allegations of jury tampering and the time of day the verdict was reached.

“You have to understand, this is not the first they are asking our judges to be fair … And so, it really comes as an indictment on the quality of justice that we have, and our sense of fairness,” Townsend argued.

The JCPC on Friday announced that their judgement in the matter will be delivered on Thursday, March 14. Since the revelation, conversations have been brewing on what the outcome would mean for the Jamaican legal system.

One of the arguments regarding an acquittal indicts jury-based trials, and claims the system may no longer be effective. However, Townsend disagreed.

“The jury system has its pluses and minuses. What obtained in that trial is, unfortunately, not unusual – it ought not to be, but it does happen. Jury tampering is known to happen in the United States and the United Kingdom,” the senior lawyer said.

“But, that by itself might highlight the instance, but you have hundreds of thousands of cases that have not had jury tampering … So I am not sure that by itself is enough to throw it out.”

The other option, a retrial, possess other concerns – namely whether the Office of the Director of Public Prosecutions can pull off another trial of this magnitude.

“Well, they will have to dust of their files and locate their witnesses. Or in effect, look at the circumstances which now attend upon the matter and create a blueprint for the way forward. Time changes everything, and they would have to look at how to move forward,” Townsend said.

While an acquittal or retrial appear to be the most likely outcomes, the JCPC can also opt to have the conviction stand and the matter sent back for local authorities to handle.

While no can presume the intentions of the UK-based law lords, Townsend says he would be “most surprised” if the conviction was allowed to stand. “From their arguments, they appear to be bent on correcting the decision of the Court of Appeal,” he says.

In their correction, what are the lessons for the Jamaican judicial system?

“The lesson that needs to be learnt is we need a more mature justice system, a more sophisticated one. Our judges are some of the brightest – not only in the region, but in the hemisphere. What we need is a clear display of balance,” Townsend said.

However, while praising the judges, Townsend also argued for changes in how judges are selected.

“The Canadians came and did a study on our judicial system and found the way we recruit judges is undesirable. In that we seem to recruit from the prosecution arm of government – from the DPP’s office. And so, if all you know is how to prosecute, you can’t help but have a biased court,” he said.

Palmer, his co-accused, and the world will be able to watch the JCPC deliver their judgement live via Livestream next Thursday. Judgment will be handed down at 4 p.m. GMT.

kenrick.morgan@gleanerjm.com