BODY BLOW!
BERT Samuels, attorney-at-law representing Vbyz Kartel’s co-accused Shawn Storm, is not disheartened by the Privy Council’s decision to not admit new evidence in their murder appeal.
“I am disappointed, but I have other grounds which I am confident that we should be able to put a very good case for him. Those new grounds were the gravy, but we still have the meat,” Samuels told the Jamaica Observer Tuesday afternoon.
“What it means is that the grounds which we were permitted by the Jamaican Court of Appeal to argue, we feel very good we managed to get the Court of Appeal in Jamaica to certify four grounds of appeal. We are confident we have enough to go to the court,” he continued.
Early Tuesday morning, rumours surfaced that the United Kingdom’s Privy Council — Jamaica’s final appeal court — had thrown out the appeal, forcing Director of Public Prosecution Paula Lewellyn to issue a statement refuting it.
According to Llewellyn, the Court of Appeal of Jamaica had previously granted the appellants leave to appeal to the Judicial Committee of the Privy Council against their conviction and sentence. While awaiting the outcome of their appeal, two further applications were made to the Privy Council consequent on their attorneys’ court-sanctioned examination of the cellular phone exhibit by their expert which was done in the presence of the Crown’s expert in Jamaica.
“The first application by the appellants’ attorneys sought to adduce fresh evidence in order to establish that there was improper interference with the cellular phone of the second appellant, Adidja Palmer, while it was in the custody of the police,” the statement read in part.
“The second application on behalf of Mr Palmer sought the permission of the Privy Council, to advance additional grounds of appeal, in respect of which leave had not been previously granted by the Court of Appeal of Jamaica.”
“The determination of these two (2) applications now sets the stage for the full hearing of the substantive appeal against conviction and sentence at a future date to be appointed by the Privy Council,” it continued.
Samuels said his client as well as the other appellants were informed of the Privy Court’s decision weeks ago. The letter from the UK court was dated February 15.
“We had, two weeks ago, went and informed all the clients, what happened and the effect of it, so they are way ahead of the Jamaican press and they knew what exactly happen. So, it was no shock to them when they heard the fake news that came out today,” said Samuels.
Several efforts by the Observer to speak with Vbyz Kartel’s attorney Isat Buchanan were unsuccessful.
Shawn Storm (given name Shawn Campbell) is a former member of Vybz Kartel’s (Adidja Palmer’s) Portmore Empire. He was convicted along with his mentor on April 3, 2014 for the murder of Clive “Lizard” Williams in 2011.
Co-accused Kahira Jones and Andre St John were also convicted. All received life sentences from Justice Lennox Campbell. The men were arrested on September 29 2011.