Vybz Kartel’s lawyer argued that retrying him would set a bad precedent for the poor

Vybz Kartel’s legal representative voiced strong opposition to retrying the acclaimed dancehall artiste. He argued that such a move would be detrimental, establishing a perilous precedent adversely affecting the economically disadvantaged.

The attorney emphasized that the judicial system should not impose additional burdens on those less fortunate by reopening cases, which could lead to prolonged legal battles and increased financial strain. This argument stands on the principle of fostering fairness and equity within the judicial system, ensuring that justice does not disproportionately affect the impoverished.

According to the Jamaica Observer, defence attorney John Clarke contends that should the Court of Appeal mandate a retrial for entertainer Adidja Azim Palmer, also known as Vybz Kartel, and his co-defendants, it would have profound implications for economically disadvantaged Jamaicans pursuing justice within the nation’s judicial system.

“It has been an ordeal for these appellants to have to wait so long — 13 years — and that we are worried that this case will be a precedent for other Jamaicans, poor Jamaicans, who may now have themselves subjected to a system where you can be in custody for 13 years and then be subjected to the ordeal of a new trial when their money is essentially done,” Clarke explained.

He made the point that in other jurisdictions like Barbados, the judiciary has decided that ultimately there comes a time when “if all justice systems can’t fully try you and convict you, it would be unjust to make you go back to trial”.

“So, in Barbados, one case said eight years was too long, and we are saying that for us in Jamaica, it is fair that all Jamaicans can come to an understanding that perhaps after eight years, after 10 years, it is too long to subject Jamaican citizens to that kind of ordeal of another trial and another cost and another expense,” Clarke said.

“If the courts say it can happen to Kartel, it can happen to other Jamaican citizens including the poorest of us,” Clarke said.

The attorney stressed the arguing point that it is unjust for any Jamaican citizen to be waiting in prison for more than 10 years to have the appellant process completed.

“It shouldn’t happen to Kartel, it shouldn’t happen to anybody and we are saying that regardless of who those individual appellants are, it shouldn’t happen to them and it shouldn’t happen to your child, it shouldn’t happen to your grandchild,” he said.

“We are asking the powerful court to examine our arguments and in light of all the facts of this case do what they think is just,” he added.

Kartel and his co-accused were charged with the September 2011 murder of Clive ‘Lizard’ Williams.

The Court of Appeal upheld their convictions in 2020. However, on March 14, 2024, the United Kingdom Privy Council overturned the convictions due to juror misconduct and instructed the Court of Appeal to determine if a retrial should be conducted.

The decision on the case will be made by Justices McDonald-Bishop, Paulette Williams, and David Fraser.