The legal teams representing Jamaican dancehall artists Vybz Kartel and Shawn Storm are to continue challenging their clients’ conviction in the Court of Appeal in downtown Kingston, today.

During the past week the Jamaican Appeal Court granted the appeal and new evidence. Last week the President of the Appeal court also cut down the hearing time: initially scheduled to last a couple of weeks, Vybz Kartel. Shawn Storm and co-accused Appeal will be instead one week long only, with defendants and prosecution having just one day each to present their arguments.

Last Monday the team of Tom Tavares-Finson, Valerie Neita-Robertson, and Bert Samuels began the appeal to overturn the 2014 conviction of the artists and their two co accused Khaira Jones and Andre St John in relation to the alleged murder of Clive “Lizard” Williams.

Tavares-Finson said the team was delighted with the decision by the panel of justices to admit two of the three applications for fresh evidence to be admitted, as put forward by the legal team.

“It was an excellent day in court,” he told the Jamaican press. “Both applications are critical and have been accepted by the courts, and we look forward to proceeding with matters on Monday.”

As already told you here, neither Kartel neither the other appellants exercised their right to appear in court over all to avoid the media and fans attention, so that everybody can do their job without distractions in order to prove Kartel’s and co-accused innocence.

The day in court  was also crucial for how the attorneys for incarcerated entertainer Shawn Storm have charged that there was prosecutorial misconduct during his murder trial and have criticized the director of public prosecutions Paula Llewellyn.

Bert Samuels, Shawn Storm’s lead attorney, argued that the misconduct centered around Llewellyn’s advice to the presiding judge to continue the trial knowing that one of the jurors was allegedly trying to bribe his colleagues “fi leggo de man dem.”

Samuels, citing transcripts from the murder trial, noted that Justice Lennox Campbell enquired of prosecutors and defense attorneys “can we possibly continue [with the trial] or bring it to an end” after learning of the alleged $500,000 bribe.

He said over the objections of defense attorneys, Llewellyn suggested that the trial continue and that the seven-member jury be given a warning about the oath they took. And at one point Llewellyn indicated in court that it was the prosecution who would be at a disadvantage because of the alleged bribes.

“That concedes that she acknowledged that the jury is tainted and no longer independent,” the attorney charged.”The advice that was given in itself amounted to prosecutorial misconduct,” he added.

Listem to Vybz Kartel – What Nex? TJ Records

Evidence Admitted In Kartel’s Appeal

The Court of Appeal last week granted an application from the lawyers representing Vybz Kartel and his co-accused allowing fresh evidence in the appeal.

The new evidence are:

1. An affidavit given by attorney-at-law Kymberli Whittaker. Whittaker’s affidavit includes the statements of two jurors who served in the entertainers’ 2014 murder trial.
The two statements are part of the evidence in the corruption trial of another juror who allegedly tried to influence the seven-member panel to free Kartel and his co-accused.

2. A handwritten statement by the main prosecution witness and an affidavit of murder convict Shawn Storm. It conflict the accounts of the location deceased at the time of the murder.

3. Affidavit by Shawn Storm about his being excluded from discussions in chambers during the trial about alleged bribery attempt by a juror.

The metadata for one of the damning text messages which prosecutors used to convict Vybz Kartel and Shawn Storm of murder was created six weeks before the victim’s death, one attorney has told the Appeal Court.

Bianca Samuels, remarked as well  as the other lawyers did mthat there was evidence that the mobile phones taken from Kartel were used while the instruments were in the custody of the police.

Samuels said this raises “more than a reasonable doubt” about the integrity of the evidence, which should not have been put to the jury.

Stay tuned for all the updates that will be added as the appeal goes along.

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