Acting Director of Public Prosecutions, Claudette Thompson, has told the Court of Appeal that the breach of Kartel’s constitutional rights is justified.
The senior prosecutor conceded that the length of time the matter has been before court may be inordinate, but she maintains the breach is reasonable.
The Acting DPP says the court must consider the chronology of the events, starting with the arrests of the men in 2011, the trial and convictions, and the appeals.
Thompson says the breach of the right to a trial in a reasonable time is justified.
She made the comments on Thursday in the Court of Appeal as submissions continue as to whether Vybz Kartel and his three co-accused should face a retrial.
But Justice McDonald Bishop appeared sceptical of the argument, pointing out that the men have already spent almost 13 years in custody.
Meanwhile, the Court of Appeal says the prosecution must explain how evidence from the initial murder trial of Kartel and his co-accused made its way into the public domain.
Justice Marva McDonald Bishop, who is the lead judge of three who’ll decide whether a retrial will occur, asked how exhibits in the original trial became public.
Justice McDonald Bishop pointed to voice notes, videos, and voices from the original trial that have been widely circulated.
The Justice said she had a very real concern about the leak of evidence and how that may affect a retrial.
Deputy Director of Public Prosecutions, Yanick Forbes, argued that the evidence was disclosed to all parties in the matter.
He said, while he was not laying blame on any side, there are many ways the evidence could have been leaked.
During the trial, voice notes of conversations said to be with Vybz Kartel were sensationally revealed by Nationwide News.
In the meantime, Deputy DPP Forbes attempted to argue that a potential retrial will not be prejudiced by the public discourse around the initial case and the public reveal of the evidence.
However, Justice McDonald Bishop challenged Mr. Forbes’ position.
Justice McDonald Bishop stressed how many radio stations, social media platforms, and other forms of media have already picked up and carried the evidence.
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