Convictions Overturned for Vybz Kartel and Co-Defendants Due to Juror Misconduct

The Judicial Committee of the Privy Council (JCPC) in London has overturned the convictions of dancehall artists Adidja ‘Vybz Kartel’ Palmer, Shawn ‘Storm’ Campbell, and two others, citing juror misconduct during their trial in Jamaica.

The Privy Council’s ruling sends the case back to Jamaica’s Court of Appeal, which will determine whether a retrial is warranted for the artists—along with Kahira Jones and Andre ‘Mad Suss’ St. John—who have served 12 and a half years in prison for the murder of Clive ‘Lizard’ Williams.

During the trial, prosecutors relied heavily on cellphone records and testimony from Lamar “Wee” Chow, the sole eyewitness, who claimed Williams was killed at Kartel’s residence in Havendale, St Andrew, in August 2011. Following a grueling 64-day trial, the men were sentenced to life in prison in April 2014, marking the longest trial in Jamaica’s legal history. Although the Jamaica Court Of Appeal upheld the convictions in April 2020, it reduced their parole eligibility.

The defendants were granted an appeal to the UK-based Privy Council on the grounds of improperly obtained cellular evidence, tainted jury after a bribery attempt, and alleged undue pressure from the trial judge, Justice Lennox Campbell, to reach a verdict. The final appeal was heard on February 14 and 15.

The Privy Council, composed of judges Lord Reed, Lord Lloyd-Jones, Lord Briggs, Lord Burrows, and Lady Simler, unanimously ruled in favor of allowing the appeal, deeming the conviction unsafe and quashing it. However, the judges refrained from expressing views on the other issues raised during the appeal.

Critically, the judges scrutinized the handling of jury issues by the trial judge, including the continuation of the trial with a corrupt juror and the lack of sufficient action to mitigate potential biases.

One juror was discharged early in the trial due to concerns for her son’s safety, while another juror, Livingston Caine (Juror X), was found guilty of attempting to bribe fellow jurors. Despite this, Caine was allowed to continue serving on the jury, as Jamaican law requires at least 11 jurors for a murder trial to proceed. The Privy Council deemed this inaction as detrimental to the fairness of the trial.

The judges highlighted the judge’s failure to adequately address the alleged bribery and the potential prejudice that Juror X’s behavior may have caused among the remaining jurors. They emphasized the absence of legislative provisions in Jamaica to address jury tampering, contrasting it with the protocols in England and Wales.

The Privy Council’s decision, detailed under Case ID JCPC 2022/0049, “Shawn Campbell and 3 others (Appellants) v The King (Respondent) No 2 (Jamaica),” marks a significant development in the case, raising questions about the integrity of the trial process and the need for reforms to safeguard against juror misconduct.