Jamaican dancehall superstar Vybz Kartel, also known as Adidja Palmer, has been denied bail despite having his murder conviction overturned by the Privy Council earlier this year. ​Despite the overturning of his conviction, Kartel and two of his co-accused will remain behind bars as the murder charge against them remains in effect.

Vybz Kartel’s Murder Conviction Overturned

In March 2023, the Privy Council, the highest court of appeal for Jamaica, ruled that Vybz Kartel’s 2014 murder conviction should be overturned on the grounds of juror misconduct.3Kartel, along with his co-accused Shawn “Shawn Storm” Campbell, Kahira Jones, and Andre St John, were convicted in 2014 for the 2011 murder of Clive “Lizard” Williams.3The Privy Council’s ruling ordered that the case be remitted to Jamaica’s Court of Appeal to determine whether a retrial is necessary. The Privy Council’s decision came after Kartel’s lawyers argued various grounds for appeal, including the admissibility of telecommunication evidence, allegations of jury misconduct, and pressure on the jury to reach a verdict. The council concluded that the appeals should be allowed and the appellants’ convictions should be quashed due to juror misconduct.

Kartel Maintains Innocence, Confident in Acquittal

Throughout his incarceration, Vybz Kartel has maintained his innocence. After the Privy Council’s ruling, Kartel expressed his belief that a grave injustice had been done and that his cries had been heard by the court. He stated, “I feel victorious in this very moment as the Privy Council, in their infinite wisdom, understood the assignment and remedied the situation by quashing my conviction! I am now back to being an innocent man in the eyes of the law. “Kartel also expressed confidence that the Court of Appeal in Jamaica will “do the right thing in the name of equity, fairness, and justice and free us.”3He questioned the need for a retrial, stating, “What is there to retry?”

Kartel and Co-Accused Denied Bail

Despite the Privy Council’s decision to overturn Kartel’s murder conviction, the dancehall star and two of his co-accused were denied bail by the Jamaican Supreme Court on May 30, 2023. The habeas corpus application filed by Kartel’s lawyers seeking the release of the three men was rejected by Justice Andrea Thomas. Justice Thomas ruled that without a verdict of acquittal by the Privy Council, the murder charge against Kartel, Campbell, and St John remains in effect. She stated, “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.” The fourth defendant, Kahira Jones, was not included in the habeas corpus application, and no order was made regarding his status.

Prosecution and Defense Arguments

During the hearing, the prosecution and defense presented their arguments regarding Kartel’s habeas corpus case. The defense, led by Kartel’s attorney Isat Buchanan, argued that “a conviction must exist for there to be authority to detain” the men. They contended that since the Privy Council had overturned the convictions, the men should be released.

However, the state attorneys argued that although the Privy Council had overturned the convictions, it did not equate to an acquittal. They stated that the murder charges against Kartel and his co-accused remained “live,” and that bail should be denied.

Kartel’s Health Concerns

In May 2023, it was reported that Vybz Kartel has been suffering from Graves’ disease, a thyroid disorder, as well as heart conditions. The revelations about Kartel’s health issues came shortly after his murder conviction was overturned. Kartel’s lawyer, Isat Buchanan, expressed concerns about his client’s well-being, stating that the dancehall icon requires constant medical attention. The health issues have further complicated Kartel’s legal battle and added to the concerns surrounding his continued incarceration.

According to the information provided in the documents, the key legal grounds on which Vybz Kartel’s murder conviction was overturned are:

Issues with Telecommunication Evidence

• Kartel and his co-accused challenged the admissibility of the telecommunications evidence used against them.
• They argued that the police request to Digicel (the telecom provider) and Digicel’s provision of the data to the police were carried out in breach of the Interception of Communications Act.
• They also argued that the evidence was obtained in breach of the fundamental right to privacy of communication guaranteed by the Jamaican Constitution.

Allegations of Jury Misconduct

• During the trial, the judge became aware of an allegation that a juror had attempted to bribe others by offering $500,000 JMD for a particular outcome.
• After investigating the allegation and considering it with counsel for both the prosecution and the defense, the judge decided to allow the trial to proceed without discharging the jury or the particular juror accused of offering bribes.
• The Privy Council ruled that the judge’s decision to allow the trial to continue despite the jury misconduct allegations was “fatal to the safety of the convictions.”
• The Privy Council concluded that the judge’s directions to the jury on how to navigate the issues were “inadequate to save the situation.”

Violation of Right to Fair Trial

• The Privy Council determined that the issues with the telecommunications evidence and the jury misconduct allegations amounted to a violation of the appellants’ right to a fair trial.
• As a result, the Privy Council ruled that Kartel’s conviction, as well as the convictions of his co-accused, should be overturned

According to the information provided in the documents, the Privy Council considered the judge’s decision to continue the trial despite the jury misconduct allegations as fatal to the safety of the convictions for the following reasons:

Tainted Juror Allowed to Remain on the Jury

• The Privy Council stated that “there should have been no question of allowing Juror X to continue to serve on the jury.”
• Allowing the allegedly corrupt juror to remain on the jury was seen as an “infringement of the appellants’ fundamental right to a fair hearing.”

Inadequate Directions to the Jury

• The judge’s direction to the jury on the final day was considered “inadequate to save the situation.”
• The judge simply reminded the jury to return verdicts in accordance with the evidence but did not address the alleged bribery attempt.

Risk of Conscious or Unconscious Juror Prejudice

• The Privy Council noted that the judge failed to consider the risk that the remaining jurors might have become “consciously or unconsciously prejudiced” as a result of the alleged bribery attempt.
• For example, the other jurors might have “overcompensated” if they assumed the offer came from one of the appellants, making them more likely to convict.

Lack of Provisions for Discharging Jury in Jamaica

• The Privy Council recognized that in England and Wales, legislation allows judges to discharge a jury due to jury tampering and continue the trial by judge alone.
• However, the Privy Council noted that there is no such legislation in Jamaica, leaving the judge with no alternative but to discharge the jury to protect the integrity of the trial.