Dancehall artist Vybz Kartel and his co-accused Shawn ‘Shawn Storm’ Campbell and Andre St. John will remain in prison after the Supreme Court of Jamaica ruled on Thursday that their continued detainment was illegal and in breach of their constitutional right to freedom.
On Thursday, police beefed up security around the Supreme Court in Downtown Kingston, Jamaica, in anticipation of the crowd of fans who planned to show up in anticipation of the artist being freed after being imprisoned for almost 14 years.
When the hour approached, the hearing was moved to another courtroom due to the massive crowds outside the court building. Fans’ anticipation of the possibility that the artist would be freed was, however, dashed as the judgment was handed down.
Judge Andrea Thomas handed down the judgement which effectively sees them remaining in prison until a decision is made by the Court of Appeal.
This comes following a habeas corpus application by lawyers Isat Buchanan and Iqbal Cheverria on the grounds that the men were held without legal basis after the Privy Council quashed their murder conviction in March.
However, the matter for contention was the Privy Council remitting the matter back to the Jamaican Court of Appeal for a decision to be made as to whether the men were to be retried or freed. A hearing to that end is scheduled for June 5.
According to Kartel’s lawyers, he and the others were being held in contravention of section 14 (1) (a)- (i) of the Jamaican constitution, particularly since they have reverted to pre-trial status as the murder conviction was quashed.
On the other hand, the respondents, which included the Director of Public Prosecution, the Attorney General, and the Superintendent of the Tower Street Adult Correctional Center, argued that the ruling by the Privy Council clearly stated that the Court of Appeal had a final say in whether the applicants were freed.
Following the Court of Appeal ruling, it is then expected that a determination will be made whether the men are to be retried or freed.
