UK Privy Council ruling explained: Vybz Kartel, co-accused not free yet

The decision of the Law Lords today to quash the conviction simple means that they have sent back the case to the Jamaica Court of Appeal for the issue of retrial to be determined.

Therefore, the lawyers of the defense and prosecution will argue before the Court of Appeal judges for and against a retrial.

If the Court of Appeal judges accept the arguments of the defense then Kartel and Co will be freed. If they side with the prosecution then a retrial will take place and at this point the defense team can apply for bail. Whether bail is granted is up to the judges presiding over the case.

In conclusion, at this moment Vybz Kartel, whose real name is Adidja Palmer; Shawn ‘Shawn Storm’ Campbell, Kahira Jones and Andre St John will remain imprisoned until their matter is heard in the Jamaica Court of Appeal as per today's ruling by the UK Privy Council.

Considerations for Appeal Court judges

A select panel of judges at the Jamaica Court of Appeal will now consider several factors regarding “whether to order a retrial turns on interest of Justice,” wrote on X, formerly Twitter, Melissa Simms, Jamaican lawyer at the International Criminal Court in The Hague.

According to Simms, who believes a retrial is best for all parties involved, the judges will consider retrial in public interest, justice for the victim and whether it’s fair Kartel and Co go through another trial all over again.

“In my view, the Court of Appeal will order a retrial,” said Simms. “However, legislators must do their work and put in place appropriate legislation to deal with events such as this that led to the conviction being set aside.”

The former state prosecutor noted some specific issues that the Court of Appeal must decide for retrial.

These are:

• Seriousness and prevalence of the offence;

• Expense and length of time involved in a new trial;

• Ordeal suffered by the accused person on trial - issues of delays here in the progress of their case;

• The length of time that would have elapsed between the committal of the offence and the new trial;

• Whether evidence that tended to support the accused case at the first trial is still available for the new trial - are their witnesses still available;

• The strength of the case presented by the prosecution. Not an exhaustive list, other factors could be added for consideration, such as health of the accused.

The accused men were convicted of murder of Clive ‘Lizard’ Campbell in March 2014. They were each sentenced to life imprisonment with Campbell and Jones eligible for parole after serving 25 years, while St John and Palmer must serve 30 and 35 years respectively before consideration to set them free.

Click link here to read full judgment.