Prosecutor says media coverage of Kartel case not so widespread that every potential juror affected
Crown draws parallel to Bill Cosby, Harvey Weinstein in retrial publicity issue
KINGSTON, Jamaica — Prosecutor Janek Forbes has argued that coverage of the Vybz Kartel and co-accused murder case in local media, including popular vlogs such as Politricks Watch, is not “so widespread that every potential juror in Kingston and St Andrew has been affected”.
Addressing the Court of Appeal on Friday’s final day of the retrial hearing, Forbes posed the question, “In spite of the publicity, can we empanel seven jurors in Kingston and St Andrew who are qualified and can try the accused independently and impartially?”
His answer was yes.
He added that the safeguards available are sufficient to mitigate against any risk that the pretrial publicity will cause.
The prosecutor also made the point that criminal trials proceeded with popular international celebrities Bill Cosby, Harvey Weinstein and Oscar Pistorius despite heavy publicity around the cases.
Forbes particularly noted that a retrial was ordered in the Weinstein case which is currently before the court, arguing that there is a clash between the open justice principle provided by the constitution and the accused’s right to a fair trial which he said the court will have to find a balance.
However, Justice Marva McDonald-Bishop questioned the comparison and posed questions about the length of time spent in custody by the accused in those cases.
Earlier this week, attorneys representing Kartel co-accused Shawn ‘Shawn Storm’ Campbell cited ‘negative’ coverage of video blogger, Sir P, of the popular Politricks Watch YouTube channel, as a reason why their client would be unable to get a fair retrial.
Kartel, real name Adidja Palmer, 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 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.
— Kelsey Thomas
