Judge warns availability of witnesses will be key to Kartel retrial decision

The Court of Appeal has warned that the murder case involving entertainer Vybz Kartel and his three co-accused will not be sent back for a retrial if the witnesses are not available to testify.

“This Court will not be sending any case to Supreme Court again to sit and wait until witnesses are found,” Justice Marva McDonald-Bishop, cautioned this morning during a hearing to determine whether the men are to be retried.

McDonald-Bishop, who is leading a panel of three judges, raised concerns after questioning the Acting Director of Public Prosecutions Claudette Thompson about the availability of the witnesses and their willingness to testify.

“Where do you purport to tell the court about the availability of the witnesses?... cause we can't send back a case when we know that you running down witnesses over there,"  the judge said.

Thompson in answer said her colleague, Jeremy Taylor, in his affidavit, indicated that checks were made and most of the witnesses are available

But the judge, while emphasising the importance of this matter as one that will test the retrial process, asked “How can we say with your assertion, just say that these witnesses are available?"

She said the court has to know when the witnesses were contacted and that they have expressly stated their willingness to appear and testify. 

“So giving us a list of witnesses in your submission, I believe, doesn't cut it and the other side has objected,” McDonald-Bishop said.

Turning to Taylor's affidavit, the judge told Thompson, "If you think that is enough that is a matter for you,” while adding that there is no information on whether he had spoken to any of the witnesses, which is the usual practice.

“So everybody, if you don't give the court the evidence you just have to take the consequences,” she said.

McDonald-Bishop said the court would accept Taylor's evidence and would attach the appropriate weight.

In the meantime, the acting DPP while responding to the submission from the defence that it will be challenging some of the technological evidence, said even if the evidence were to be challenged, the Crown would still have an objectively strong case.

But the judge told her, “I don't think your biggest challenge is really on that, this case isn't about evidence."

Justice McDonald Bishop said there are other more critical issues, including the availability of witnesses.

The hearing has been adjourned for today, with the prosecution set to continue making submissions tomorrow.

Kartel, whose given name is Adidja Palmer, Shaw 'Shawn Storm' Campbell, Kahira Jones and Andre St John were all handed life sentences in April 2014 for the 2011 murder of Clive 'Lizard' Williams.

However, on March 14, 2024, the United Kingdom-based Privy Council overturned the convictions on the grounds of juror misconduct.

It said the trial judge should have dismissed tainted juror Livingston Cain, who was later found guilty of accepting a bribe to try to influence the panel. 

However, the Privy Council did not free the men.

It ordered that the Court of Appeal should decide whether there should be a retrial.

- Tanesha Mundle

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