KINGSTON, Jamaica — Defence attorney John Clarke says if the Court of Appeal orders a retrial of entertainer Vybz Kartel and his co-accused, it would have serious implications for poor Jamaicans seeking justice through the nation’s court systems.

He made the suggestion while speaking to journalists Tuesday after the conclusion of the second day in the scheduled five-day hearing in the appeal matter involving incarcerated dancehall star Kartel, whose real name is Adidja Palmer, and his murder co-accused, fellow deejay Shawn “Shawn Storm” Campbell, Kahira Jones and Andre St John.

Clarke said his team on Wednesday will be going through most of the affidavit evidence, already before the court, including the medical reports and the psychological reports that were done in relation to some of the appellants to highlight how taxing the entire process has been.

“It has been an ordeal for these appellants to have to wait so long — 13 years — and that we are worried that this case will be a precedent for other Jamaicans, poor Jamaicans, who may now have themselves subjected to a system where you can be in custody for 13 years and then be subjected to the ordeal of a new trial when their money is essentially done,” Clarke explained.

He made the point that in other jurisdictions like Barbados, the judiciary has decided that ultimately there comes a time when “if all justice systems can’t fully try you and convict you, it would be unjust to make you go back to trial”.

“So, in Barbados, one case said eight years was too long, and we are saying that for us in Jamaica, it is fair that all Jamaicans can come to an understanding that perhaps after eight years, after 10 years, it is too long to subject Jamaican citizens to that kind of ordeal of another trial and another cost and another expense,” Clarke said.

“If the courts say it can happen to Kartel, it can happen to other Jamaican citizens including the poorest of us,” Clarke said.

The attorney stressed the arguing point that it is unjust for any Jamaican citizen to be waiting in prison for more than 10 years to have the appellant process completed.

“It shouldn’t happen to Kartel, it shouldn’t happen to anybody and we are saying that regardless of who those individual appellants are, it shouldn’t happen to them and it shouldn’t happen to your child, it shouldn’t happen to your grandchild,” he said.

“We are asking the powerful court to examine our arguments and in light of all the facts of this case do what they think is just,” he added.

Kartel and his co-accused 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 overturned the convictions on the grounds of juror misconduct and ordered that the Court of Appeal should decide whether there should be a retrial.

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