KINGSTON, Jamaica — The Crown says there has not been a breach of Vybz Kartel and his co-accused’s right to a fair trial within a reasonable time but acknowledged that a retrial might result in the violation.

It is a change in position following Thursday’s presentation by Acting Director of Public Prosecutions, Claudette Thompson, who at the time had agreed there was a breach in the accused’s constitutional rights to a fair trial within a reasonable time but argued that the breach was justified.

READ: Prosecutor seeks to justify breach of reasonable time in Vybz Kartel case

“We are saying there was the breach of their right to be heard within a reasonable time… We are saying the delay can be reasonably justified based on all of the activities that took place during the 10-year period. And we are saying that, having disaggregated what was happening during that period, the presumption of unreasonableness, we have rebutted that presumption by demonstrating to this court what it is that was taking place over that period of time,” Thompson stated Thursday.

The Crown, however, has now clarified its position stating that there has not been a breach thus far but said a retrial could see a potential breach.

To combat such a breach, the Crown said there are safeguards to prevent the unreasonable delay of three years for the retrial as was the case with the initial trial.

Kartel, real name Adidja Palmer, 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.

— Kelsey Thomas