Incarcerated dancehall star Vybz Kartel, whose given name is Adidja Palmer, along with two of his co-accused, will continue to serve time behind bars following a Supreme Court ruling. On Thursday, May 30, Justice Andrea Thomas rejected a habeas corpus application submitted by the defence attorneys, which sought the release of Kartel and his co-accused, Shawn “Shawn Storm” Campbell and Andre St John. The judge ruled that in the absence of a verdict of acquittal by the Privy Council, the charge of murder remains in effect.
Justice Thomas, addressing a crowded courtroom in Downtown Kingston, stated that the current custodial status of the men does not violate the constitution. She emphasized that “In view of the fact that their appeal is not yet determined, they should remain in custody until their appeal is concluded. That is until a verdict of acquittal is entered or there is a decision for a retrial.” This ruling followed a fierce legal battle questioning the legality of their continued detention by the state.
The defence, led by attorney Isat Buchanan, argued that without a conviction, there is no legal authority to detain the men. They filed a habeas corpus application on May 13, seeking the court’s order for their clients’ release, contending there was no directive from the Apex Court for their continued detention. The application aimed for the prisoners to be brought before the court to determine if they should be released or granted bail.
The legal proceedings come in the wake of the Privy Council’s March 14 ruling, which overturned the convictions of Kartel and his co-accused for the 2011 murder of Clive ‘Lizard’ Williams. The Privy Council directed that the case be returned to Jamaica’s Appeal Court to decide whether a retrial is necessary.