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JAM | Dec 21, 2022

Could Vybz Kartel be freed? Effect of juror’s conviction on Privy Council appeal

Tamoy Ashman

Tamoy Ashman / Our Today

Reading Time: 3 minutes
Vybz Kartel (Photo: The Fader)

Incarcerated dancehall artiste Adidja Palmer, otherwise known as Vybz Kartel, has what is being considered by some legal professionals a “good chance” of being released from prison, based on recent news that a juror was found guilty of perverting the course of justice in his murder trial.

It was recently reported that Livingston Cain, a juror in the 2014 matter that led to Palmer’s conviction, was found guilty of attempting to bribe the jury foreman with $500,000 to ensure a not guilty verdict was delivered.

Speaking with Our Today, a local attorney who preferred to remain anonymous, shared that the juror’s conviction could have serious implications for the appeal, though its impact could go either way.

“One of the guarantees of the Constitution, in securing a fair trial, is having an impartial jury,” the attorney noted.

“An impartial jury meaning one that was not impacted by any outside forces. And, if the juror was found guilty, the jury pool was in effect tainted and a tainted jury can’t be cleansed.”

The legal professional further noted that, in the event that a jury is tampered with, the judge would declare a mistrial and the process would start over.

But, there was no mistrial declared in 2014 and the matter proceeded.

Kartel was sentenced to 35 years in prison for the murder of his associate Clive ‘Lizard’ Williams. But, his team made an appeal in 2020 that trimmed his time down to 32 years and six months.

The ‘World Boss’ has been behind bars since his arrest in 2011.

Another appeal is now being made at Jamaica’s final appellate court, the United Kingdom-based Privy Council, to have Kartel’s sentence reversed.

Vybz Kartel heading to court in August 2014. (Photo: Dancehallmag)

“Since [a mistrial] was not done and the matter is now on appeal, [the juror’s conviction] can serve as a basis for the appeal to His Majesty in council, that he indeed did not receive a fair trial and that the conviction is unsafe,” the lawyer told Our Today.

This means that Kartel’s lawyers can use the conviction to their advantage. But, it could also work against them.

Kartel could remain behind bars

Reports are that the appeal is being made based on findings that there was evidence tampering during the trial. This revelation in addition to the juror’s conviction will have the case in limbo.

“If [Kartel] is heard on all the substantive grounds of the appeal he has a good chance of being successful on his appeal and his sentence vacated,” the lawyer explained.

But there is also a chance that the beloved artiste will remain behind bars.

The lawyer stated: “This can go two ways. The other side, if they are objecting to the appeal, could say that this is why he is guilty, [because he is] paying off others to not tell the truth. The legal implication of this for the prosecution could be a merit if they are saying he deserves to stay incarcerated.”

This means there is a 50/50 chance that the now 46-year-old could remain behind bars. But, based on his social media presence, the Romping Shop artiste is confident he will finally be released after 11 years behind bars.

In a story post on his Instagram account in May of this year, Kartel wrote: “Everybody is a Star till Privy council says ‘you’re free to go”, implying he will be released soon.

Kartel’s attorney, Isat Buchanan, has also expressed optimism in the media, saying that his client will be freed and justice will prevail.

There has been no date set for the matter on the Privy Council’s calendar as yet.

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