KINGSTON, Jamaica — Acting Director of Public Prosecutions, Claudette Thompson took to the floor in the Court of Appeal on Thursday seeking to justify the breach of reasonable time in the Vybz Kartel and co-accused court proceedings by outlining a detailed timeline of events.

Making her point, Thompson acknowledged that there is a breach in the accused’s constitutional rights to a fair trial within a reasonable time but she argued that the breach is justified.

Thompson outlined that from September 30, 2011 to April 3, 2013, the arrest, charged, trial, conviction and sentencing of dancehall star Vybz Kartel, real name Adidja Palmer, Shawn ‘Shawn Storm’ Campbell, Kahira Jones, and Andre St John were conducted, which she argued as a reasonable time.

She said between April 3, 2014 and April 3, 2017, there was the filing of a notice of appeal, the production of 10 volumes of transcript, the placing of both the notice and transcript before the single judge and the granting of leave to appeal.

“Again, we are saying by any measure, this is reasonable time,” Thompson said.

Between April 3, 2017 and July 2018, the prosecutor said there was the preparation of grounds of appeal and serving of grounds of the appeal.

Thompson further outlined that between July 24, 2018 and April 3, 2020 there was the consideration of extensive grounds of appeal, the review of case law cited and assessments completed.

Thompson said a judgement was delivered by the Court of Appeal on April 3, 2020. On June 29, 2020 there was an application to appeal to the Judicial Committee of the Privy Council which lasted over the period of four days.

The granting of conditional leave took place on September 25, 2020 and final leave was granted on March 7, 2022. The matter was then with the Privy Council for two years.

Justice Marva McDonald-Bishop interjected stating, “What we want from the state is a justification as to why it took 10 years.”

“There was a delay. The delay can be reasonably justified based on all the activities that took place during the 10 year period…The presumption of unreasonableness — having done this aggregation, we have rebutted that presumption,” Thompson clarified.

However, McDonald-Bishop warned the prosecution that the accused have already spent over a decade in custody and there will be a continuing breach should there be a retrial.

The prosecution will make additional submissions on that point on Friday.

The accused were initially convicted of the September 2011 murder of Clive ‘Lizard’ Williams.

Lawyers representing the quartet made an appeal to the local Court of Appeal in 2020 but their convictions were upheld.

The accused appeal was then taken to the United Kingdom-based Privy Council and on March 14, 2024, had their murder convictions overturned on the grounds of juror misconduct.

The Privy Council had also ordered the Jamaica Court of Appeal to decide whether or not there should be a retrial.

The retrial hearing is expected to end on Friday.

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

— Kelsey Thomas