Buchanan: Only appropriate response is acquittal for Kartel, co-accused
KINGSTON, Jamaica — Defence attorney Isat Buchanan has argued that the only appropriate response from the criminal justice system is to enter an acquittal to prevent further constitutional breaches against Vybz Kartel and his co-accused.
Buchanan was responding to the Crown’s presentation, which concluded earlier around 10:00 am in the Court of Appeal on Tuesday.
Criticising the Crown’s presentation, Buchanan said that in the absence of case law, the prosecutors have not gone beyond the surface of the matter to address breaches and other issues that need to be considered should the court order a retrial.
Buchanan further told the court that the prosecution has not demonstrated how they will mitigate ordeals or breaches, adding that “the uncertainty of sustaining or continuing the breach elevates the breach.”
He noted that the defendants remain blameless as it relates to constitutional breaches, particularly the time that has elapsed between the offences and retrial.
Buchanan pointed to a popular culture reference, drawing parallels to ‘Lady Whistledown’ in the Netflix series Bridgerton, who is an unregulated source of gossip in society and whose opinions and views hold great value.
Justice Marva McDonald-Bishop chastised the parallel, saying, “You should have brought Gossip Girl too.”
Buchanan, however, finished his comparison, noting that ‘Politricks Watch’ serves as Jamaica’s very own ‘Lady Whistledown’ in that it has great influence over the population’s views and serves as a media outlet that cannot be regulated by the court, which poses a threat.
Kartel, Shawn Storm, 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.
McDonald-Bishop, along with Justices Paulette Williams and David Fraser, will decide the case.
— Kelsey Thomas