In the ongoing legal saga surrounding dancehall artist Vybz Kartel and his co-defendants, the Judicial Committee of the Privy Council has recommended that the Jamaican government, represented by the Crown, bear the costs for legal fees incurred during the appellants' successful appeal against their 2014 murder conviction.
The four appellants, including Vybz Kartel, recently saw their murder convictions overturned by the Privy Council, which ruled that their right to a fair trial had been impugned. As a result, the case has been remitted back to the Court of Appeal in Jamaica for further hearing, scheduled to take place from June 10-14, 2024.
However, amidst the anticipation of the upcoming hearing, the appellants received another piece of good news: the Privy Council ordered that the Crown should cover the legal fees for Vybz Kartel, Shawn Campbell, Kahira Jones, and Andre St. John, who comprise the appellants in the case. It is noted that while customary, the requirement for the losing party to cover the winner's legal fees is not an entitlement in legal proceedings.
The decision, outlined in a report from the Privy Council to the King of England (given Jamaica's status as a British Commonwealth realm), dated April 10, 2024, stated that the Crown should "pay the Appellants costs, the amount to be assessed if not agreed." The report, approved by His Majesty with the advice of His Privy Council, mandates that those responsible for administering the Government of Jamaica comply with the order to pay costs to the appellants.
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The exact amount of the legal fees to be covered by the Crown remains undisclosed, as an attorney for the appellants declined to comment on the matter. However, it is speculated that the sum could be substantial, possibly reaching tens of millions, given the involvement of a considerable legal team comprising fourteen lawyers, including distinguished King's Counsel lawyers from England and senior lawyers from Jamaica.
Among the legal representatives for the appellants were Shawn Campbell, Julian Malins KC, Bert Samuels, Thalia Maragh, Linda Hudson, Bianca Samuels, and Isat Buchanan, all instructed by Simons Muirhead & Burton LLP. Vybz Kartel's legal team included David Hislop KC, Isat Buchanan, and Alessandra LaBeach, also instructed by Simons Muirhead & Burton LLP, while Andre St. John and Kahira Jones were represented by Hugh Southey KC, John Clarke, James Robottom, and Anirudh Mathur, instructed by the same legal firm.
Under Jamaican law, the term "costs," as specified in the Privy Council's opinion, encompasses expenses incurred during the conduct of a claim, covering court fees, attorney's fees, and other related costs, such as travel expenses for appearances in higher courts in England.
Once agreed upon by the parties involved, the costs order will be paid over to the winning party. In cases where an agreement cannot be reached, the court will determine the reasonableness of the costs based on submissions by the parties.
As the legal proceedings progress, the decision to have the Jamaican government cover the appellants' legal fees adds another layer of complexity to a case that has garnered widespread attention both locally and internationally. With the next hearing looming, all eyes will be on the Court of Appeal in Jamaica as the legal battle continues.
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