KINGSTON, Jamaica — Defence lawyer John Clarke on Wednesday told the Court of Appeal that none of the common law safeguards were deployed to ensure a new trial would not be affected by the publicity surrounding the quashing of the 2014 conviction by the Privy Council.

Clarke was making his closing submissions in the retrial hearing for Vybz Kartel, Shawn Storm, Kahira Jones, and Andre St John, who 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 Privy Council overturned the convictions on the grounds of juror misconduct and ordered the Court of Appeal to decide whether or not there should be a retrial.

Noting the damaging effect of the post-trial coverage, Clarke argued that the appellants should not be condemned to undergo the ordeal of a retrial because of the state’s failure to adhere to the Interception of Communications Act.

Describing his argument as a “beautiful submission,” Justice Marva McDonald-Bishop said, “You are saying that the court should have stepped in from day one and deployed its resources… Now we are learning.”

Clarke also employed a “Humpty Dumpty” metaphor to argue that the misconduct of the jury should be enough reason not to order a retrial. Making his argument, Clarke said the poisoning of the jury makes the whole case fall apart.

Commending Clarke for a strong closing argument on the point of publicity, McDonald-Bishop said, “Everything you have placed before us will be considered. Thank you for that enlightening submission.”

On Thursday, the court will hear arguments from the Crown supporting a retrial against the accused.

— Kelsey Thomas