Fri | Jan 18, 2019

#VybzKartelAppeal | Prosecutor cites misapprehension over damning text message

Published:Friday | July 20, 2018 | 12:37 PM

Livern Barrett, Senior Gleaner Writer

A prosecutor this morning told the Appeal Court that there was a mistaken belief about a damning text retrieved from the mobile phone of entertainer Vybz Kartel.

Assistant Director of Public Prosecution Orrett Brown said the "misapprehension" arose because the file or folder for the message was created on July 6 but the actual message was created on August 19.

The appellants have raised concern that the damning text claiming that the deceased Clive 'Lizard' Williams "chop up fine fine" was made six weeks before his murder.

The prosecution is claiming that Lizard was killed August 16.

Kartel, whose given name is Adidja Palmer, Shawn 'Shawn Storm' Campbell, Kahira Jones and Andre St John are appealing their conviction and sentence for the August 2011 murder of Williams.

The matter is being heard by Court of Appeal President Justice Dennis Morrison, along with justices Patrick Brooks and Frank Williams.

Watch: #VybzKartelAppeal | Puzzling text message


Phone dialled itself while police had it

Prosecutor Orrett Brown has told the Appeal Court that he cannot explain how three telephone calls were made from the mobile phone of Vybz Kartel nine days after it was handed over to police investigators.

Brown making his submission on day five of the hearing in the Court of Appeal said three calls were made on October 9, 2011.

The phones were handed over to the police on September 30, 2011.

"I will not attempt to advance an explanation," Brown said.

During the trial, a police investigator testified that the phone "dialled itself" as he tried to account for the calls while the police had the phone.

This morning, there was laughter in the Court of Appeal today when Brown repeated this explanation.

Watch:#VybzKartelAppeal | Judge underplayed denial of wrongdoing


Judge was right to admit phone evidence

The prosecution this morning opened up day five of the appeal hearing in the case of dancehall entertainer Vybz Kartel and his co-convicts submitting that the trial judge did nothing wrong when he admitted certain electronic evidence.

Over the past four days, the appellants through their attorneys have sought to convince the Appeal Court that during the 2014 trial for the murder of Clive 'Lizard' Williams, Justice Lennox Campbell admitted contaminated evidence.

But this morning, Assistant Director of Public Prosecutions Orrett Brown sought to reject their assertions.

"There was no evidence that the BB messages, videos and text messages taken from Kartel's mobile phone were tampered with and even if they were, that was an issue for the jury to decide," he said.

Brown also said where there were gaps in continuity of the messages they would not bar admissibility.

"What they affect is the weight or cogency attached to the evidence," Brown asserted insisting that the judge was not "palpably wrong" to admit the exhibits. "Even if it can be reasonably argued that gaps in the evidence may raise a reasonable doubt it is still admissible," Brown said.

Senior Deputy Director of Public Prosecutions, Jeremy Taylor is also expected to address the Appeal Court today.

The matter is being heard by Court of Appeal President Justice Dennis Morrison, along with justices Patrick Brooks and Frank Williams.

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