Tue | Aug 21, 2018

#VybzKartelAppeal | Shawn Storm's attorney accuses DPP of misconduct

Published:Monday | July 16, 2018 | 11:18 PM
This file photo shows Vybz Kartel (left) and Shawn Storm leaving the Supreme Court in 2014.

Livern Barrett, Senior Gleaner Writer

The attorneys for incarcerated entertainer Shawn Storm have charged that there was prosecutorial misconduct during his murder trial and have criticised the  director of public prosecutions Paula Llewellyn.

Bert Samuels, Shawn Storm's lead attorney, argued that the misconduct centred around Llewellyn's advice to the presiding judge to continue the trial knowing that one of the jurors was allegedly trying to bribe his colleagues "fi leggo de man dem."

WATCH: VYBZ KARTEL APPEAL | Day 1 Round-up: Puzzling text message

Samuels made the assertion in the Court of Appeal this morning as Shawn Storm and his mentor, dance hall entertainer Vybz Kartel, began their quest to have their murder convictions and lengthy prison sentences overturned.

 


IN PHOTO: Bert Samuels

Samuels, citing transcripts from the murder trial, noted that Justice Lennox Campbell enquired of prosecutors and defence attorneys "can we possibly continue [with the trial] or bring it to an end" after learning of the alleged $500,000 bribe.

He said over the objections of defence attorneys, Llewellyn suggested that the trial continue and that the seven-member jury be given a warning about the oath they took.

Samuels noted, too, that at one point Llewellyn indicated in court that it was the prosecution who would be at a disadvantage because of the alleged bribes. Image result for paula llewellyn jamaica gleaner
IN PHOTO: DPP Paula Llewellyn

"That concedes that she acknowledged that the jury is tainted and no longer independent," the attorney charged.

"The advice that was given in itself amounted to prosecutorial misconduct," he added.

Shawn Storm and Vybz Kartel were convicted in 2014, along with Kahira Jones and Andre St John, for killing Clive Williams at a house in Havendale, St Andrew in August 2011.

They were given the mandatory life sentences with Kartel, whose real name is Adidja Palmer, ordered to serve 35 years before he is eligible for parole. 

Shawn Storm, whose real name is Shawn Campbell, Jones and St John were ordered to serve 25 years before they become eligible for parole. 

Fresh evidence for Kartel Appeal

The Court of Appeal last week granted an application from the lawyers representing Vybz Kartel and his co-convicts allowing fresh evidence in the appeal.

The new evidence are: 

1. An affidavit given by attorney-at-law Kymberli Whittaker. Whittaker's affidavit includes the statements of two jurors who served in the entertainers' 2014 murder trial.
The two statements are part of the evidence in the corruption trial of another juror who allegedly tried to influence the seven-member panel to free Kartel and his co-accused.

2. A handwritten statement by the main prosecution witness and an affidavit of murder convict Shawn Storm. It conflict the accounts of the location deceased at the time of the murder.

3. Affidavit by Shawn Storm about his being excluded from discussions in chambers during the trial about alleged bribery attempt by a juror.

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