The Jamaica Court of Appeal today ruled that Vybz Kartel and his co-accused should be set free.
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There will be no retrial.
Delivering its decision, the Jamaica court said that the availability of witnesses and the declining health of Kartel were among factors considered.
The President of the Court emphasized the seriousness and prevalence of the alleged offense but noted that multiple factors combined militated against the necessity of a new trial.
Key among these factors was the prosecution’s insufficient and inadequate accounting for the availability of its witnesses.
Additionally, trial exhibits have either become unavailable or cannot be accounted for, presenting a significant hurdle in the pursuit of justice.
“The insufficient and inadequate account by the prosecution for the availability of its witnesses and trial exhibits are now unavailable or cannot be accounted for,” the judge stated.
The court also took into consideration the extensive resources already utilized during the initial trial.
“The four days utilized a significant share of the court’s and the appellant’s resources,” the president highlighted, stressing that a new trial would demand a substantial share of these resources, including time and financial costs. He emphasized that this significant demand would be an undue burden on the justice system.
Moreover, the appellants have already spent 13 years in custody, a period marked by declining health conditions as evidenced by unchallenged medical reports.
The judgement pointed out that further detention without a clear resolution would exacerbate these health issues and infringe upon their constitutional rights.
“The appellants have already spent 13 years in custody with problems relating to their health, which came through medical reports that stand unchallenged by the Crown,” the chief justice noted. “We find that the laps of time, estimated to be at least 15 years, is inordinate.”
The lapse of time since the original trial was another critical factor. The judge described the estimated duration of at least 15 years as inordinate and unjustifiable.
He underscored that such a delay would be an unwarranted interference with the appellants’ rights under Section 16 of the Constitution of Jamaica, which guarantees the right to a fair trial within a reasonable time.
Publicity surrounding the case was also considered, but the court concluded that pre-trial publicity did not significantly prejudice the appellants. “Pre-trial publicity is such that you would have to prove that it is impossible to obtain a fair trial,” she stated.
Ultimately, the court ruled that the interests of justice do not necessitate a new trial. He emphasized that the potential prejudice to the appellants’ eligibility for parole, given the statutory mandatory minimum sentences for murder, further weighed against the decision for a retrial.
“We conclude that the interests of justice do not require a new trial to be ordered for the appellant,” the chief justice declared.
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This decision stems from a Privy Council ruling which reverted the case to the Jamaica courts after overturning the defendants conviction.
The JCPC ruled that jury misconduct was the main reason for their decision. The court had the option to either order a new trial or set the men free.
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Speaking outside the Courtroom following the decision of the court, Kartel Attorney Isat Buchanan said he expects Kartel to be released as soon as the Court Order is handed to the superintendent of prisons.
He praised the work of his legal team and applauded the court for its decision in this matter.
Watch the moment when the President of the Court handed down the highly-anticipated decision on a choppy internet line:
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Free the world boss yes
Given the time lapse and the unlikehood of being able to get a new free and fair trial, the judges had little choice but to free the accused. I predicted this all along. And I am not saying that they are not guilty of the crimes committed. I am saying that in the context of the case, there is no way that you can get the original witnesses to testify again and given all the publicity and time lapse (14 years plus), it is very unlikely that they could get a fair trial that wasn’t prejudiced.
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