The Jamaica Court of Appeal has ordered the release of dancehall star Vybz Kartel and his three co-accused in the 2011 murder of Clive “Lizard” Williams.
The court’s judgment was unanimous, according to its President, Justice Marva McDonald-Bishop.
She stated that the judges made their judgment based on 12 factors, including the seriousness of the crime, the strength of the prosecution’s case, the availability of witnesses, whether a retrial could be facilitated within a reasonable time, and the cost of the retry.
McDonald-Bishop said that the cost of a retrial for the appellants, who have already spent 13 years in custody, played a role in their choice.
“The interests of justice do not require a new trial to be ordered for the appellants,” she told the jury.
Justice McDonald-Bishop presided over the case’s three-judge panel, which also included Justices Paulette Williams and David Fraser.
In June, the Court of Appeal heard six days of detailed legal arguments from both the defense and prosecution.
Defense attorney Isat Buchanan contended that an acquittal is required to prevent further constitutional violations against Vybz Kartel and his three co-accused.
Buchanan argued that the prosecution has not addressed how they intend to remediate these breaches, noting that “the uncertainty of sustaining or continuing the breach elevates the breach.”
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Acting Director of Public Prosecutions Claudette Thompson, on the other hand, contended that Vybz Kartel and his co-accused should not be acquitted on technical grounds.
Thompson argued that a retrial is warranted based on the nature of the offense, the strength of the case, the public interest and witness availability.
Vybz Kartel, Shawn ‘Shawn Storm’ Campbell, Kahira Jones and Andre St John were accused with the murder of Clive ‘Lizard’ Williams in September 2011.
The four were convicted in March 2014 and sentenced to life in prison the next month. The Court of Appeal upheld their convictions in 2020.
However, on March 14, 2024, the UK-based Privy Council, Jamaica’s highest court of appeals, overturned the convictions due to juror misconduct.
The trial judge had failed to dismiss juror Livingston Cain, who was later convicted of accepting a bribe to sway the jury.
Despite overturning the convictions, the Privy Council did not release the prisoners and instead directed the Court of Appeal to determine if a retrial was required.
