The prosecution has conceded that the right of Vybz Kartel and his co-appellant to a trial within reasonable time has been breached.
However, it argued that this was no reason for the Court of Appeal to rule against ordering the men to be retried for the 2011 murder of Clive ‘Lizard’ Williams, allegedly over the disappearance of an illegal firearm.
Loriann Tugwell, who conceded the point of the breach while arguing on behalf of the prosecution, said the remedy is to acknowledge publicly that a breach occurred —“which we are doing now” — expedite the retrial process, and offer bail where applicable.
Tugwell asked the court to accede to the prosecution’s request and order a retrial despite the breach, because there’s nothing to say a fair trial isn’t possible.
On another note, Tugwell also asked the court not to put too much weight on the failing health of Vybz Kartel in weighing whether or not to order a retrial.
If the men are to be retired, it wouldn’t likely be before 2026 due to the extensive lists of accused persons awaiting trial.