The Judicial Committee of the Privy Council has recommended that the Crown (Jamaican government) will have to bear the costs for legal fees incurred by the appellants, Vybz Kartel and his co-defendants, in the appeal against their 2014 murder conviction.
The four appellants were successful in overturning their murder conviction last month after the Privy Council ruled that their right to a fair trial was impugned. The case was remitted back to the Court of Appeal Jamaica for hearing on June 10-14, 2024.
However, the artists have something to celebrate as they await that hearing as the Privy Council ordered that the Crown should bear costs for legal fees. It is customary but not an entitlement that the loser in a case pays the legal fees for the winner. In this case, the Crown will cover Vybz Kartel, Shawn Campbell, Kahira Jones, and Andre St. John’s legal fees for their extensive legal team.
A report from the Privy Council to the King of England (Jamaica is still technically a colony of England) issued on April 10, 2024, opined that the Crown should “pay the Appellants costs, the amount to be assessed if not agreed.”
“HIS MAJESTY was pleased by and with the advice of His Privy Council to approve the report and to order that those charged with administering the Government of Jamaica” to pay costs to the appellants.
An attorney for the appellants declined to speak on the possible fees the Crown will have to pay.
However, the amount could be in the tens of millions even if the sum is assessed where the parties fail to agree by consent.
The appellants were represented by fourteen lawyers, including three of the finest King’s Counsel lawyers from England and many senior lawyers from Jamaica. Among the attorneys were Shawn Campbell, Julian Malins KC, Bert Samuels
Thalia Maragh, Linda Hudson, Bianca Samuels, and Isat Buchanan, all instructed by Simons Muirhead & Burton LLP.
For Kartel, the attorneys were David Hislop KC, Isat Buchanan, and Alessandra LaBeach, who were also instructed by Simons Muirhead & Burton LLP.
Andre St. John and Kahira Jones were represented by Hugh Southey KC, John Clarke, James Robottom, and Anirudh Mathur, also instructed by Simons Muirhead & Burton LLP.
In Jamaican law, the term “costs”, as stated in the Privy Council opinion, will cover expenses incurred during conducting a claim. The costs include court fees and attorney’s fees but may also include other costs, such as costs like travelling to appear at the higher court in England.
The costs order, once agreed between the parties, will be paid over to the winning party. If it is to be assessed, the court will decide based on submissions by the parties as to the reasonableness of the costs.
