KINGSTON, Jamaica — Attorney at law John Clarke, representing co-accused Kahira Jones in the Vybz Kartel and others retrial hearing in the Court of Appeal, argued against a retrial, citing breaches of their constitutional rights.

Clarke contended that his clients, along with the others, had their right to a fair trial violated on two counts — their entitlement to a fair hearing within a reasonable time and their right to be heard by an independent and impartial court.

Section 16 (2) of the Charter of Fundamental Rights and Freedoms in the constitution of Jamaica states that “In the determination of a person’s civil rights and obligations or of any legal proceedings which may result in a decision adverse to his interests, he shall be entitled to a fair hearing within a reasonable time by an independent and impartial court or authority established by law”.

Clarke further argued that a retrial should not occur if it puts the accused in a worse-off position than before and warned that their rights were likely to be violated again if a retrial proceeded.

Justice Marva McDonald-Bishop questioned the necessity of the retrial, noting that the Apex court already found a constitutional breach.

“Why are we here?” McDonald-Bishop inquired.

“What remedy do you give those persons if their constitutional rights have been breached twice?” she continued.

McDonald-Bishop noted that the crown will have to explain to the court why in the light of two breaches there should be a retrial.

Kartel, Shawn ‘Shawn Storm’ Campbell, Kahira Jones, and Andre St John 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-based Privy Council, Jamaica’s final court of appeal, overturned the convictions on the grounds of juror misconduct.

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

The retrial hearing started on Monday and is expected to last for five days.

McDonald-Bishop, along with Justices Paulette Williams and David Fraser will decide the case.

— Kelsey Thomas