Mon | Oct 22, 2018

#VybzKartelAppeal | Prosecutor says judge right to admit phone evidence, jurors decided on weight

Published:Friday | July 20, 2018 | 11:01 AM

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.

Watch:#VybzKartelAppeal | Day 4 Round-up: Judge underplayed denial of wrongdoing

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.

Watch:#VybzKartelAppeal | Day 3 Round-up: He wasn't there when 'Lizard' was killed

"Even if it can be reasonably argued that gaps in the evidence may raise a reasonable doubt it is still admissible," Brown said.

Watch: #VybzKartelAppeal | Day 2 Round-up: Jurors sent too late to consider verdict

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

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.

Watch: #VybzKartelAppeal | Day 1 Round-up: Puzzling text message

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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