Judge dismisses evidence argument as Buchanan makes case against Kartel retrial
KINGSTON, Jamaica — Justice Marva McDonald-Bishop struck down an argument from defence lawyer Isat Buchanan regarding the admissibility of evidence in the 2014 murder trial against Vybz Kartel and his co-accused.
Presenting his arguments before the court, Buchanan highlighted inconsistencies in the evidence previously obtained and used to convict Kartel, Shawn Storm, Kahira Jones, and Andre St John, who were charged with the September 2011 murder of Clive ‘Lizard’ Williams.
Advising Buchanan not to stress that point, McDonald-Bishop said, “We’re not going to Evidence 101 class today.”
“Illegally obtained evidence in Jamaica is admissible,” she added as she dismissed the argument.
Buchanan presented several arguments on behalf of his client, Kartel, given name Adidja Palmer, in the Court of Appeal on Wednesday.
Buchanan told the court that based on the inconsistencies of the sole eyewitness, it would not be in the interest of justice to order a retrial, as the prosecution would have an opportunity to fix some of those inconsistencies.
Buchanan further argued that the handwriting expert, a key witness against the prosecution’s witness, is now deceased, which would strengthen a case against the appellants.
The defence lawyer also cited medical and psychological reports for Kartel, noting that Kartel not only suffers from Graves’ disease and has a failing heart, but also has a weakened mental state.
“The emotional toll, the anxiety that comes from it, the mental weakness that has developed as a result of the ordeal…It should not be lost the toll of the 13 years,” Buchanan told the court.
He also argued the financial impact that the proceedings have had on Kartel, who has been paying legal and medical expenses and has had to maintain his family dependents, all while he is unable to earn.
The court is currently hearing whether there should be a retrial for Kartel and his co-accused following the United Kingdom-based Privy Council’s overturning of their convictions on the grounds of juror misconduct on March 14, 2024.
The hearing, which started on Monday, is expected to last for five days.
McDonald-Bishop, along with Justices Paulette Williams and David Fraser, will decide the case.
— Kelsey Thomas
