JUSTICE Lennox Campbell yesterday drew the ire of defence attorneys when he told jurors that the author of a damning BlackBerry message which told of Clive ‘Lizard’ Williams being chopped up ‘fine fine’ and that his remains would never be found, must have known that he would not be seen again.
Justice Campbell, who will be entering his fifth day of summation in the Vybz Kartel murder trial in the Supreme Court today, spent considerable time examining the testimony of cybercrimes expert Sergeant Patrick Linton, who told the court that the message was taken from a cellular phone ascribed to Vybz Kartel.
Justice Campbell said although the defence had challenged the authenticity of text and BlackBerry messages, there was none forthcoming as it related to that particular message and wondered why.
“Based on the language of that text the author must be of the view that that person would never return. If it is that it has been concocted to cast aspersion on them or to get them convicted, it would be that that person would be found intact, even if they were dead and not ‘fine fine’. It’s final. It speaks to the disposal of Lizard,” he said.
The defence has consistently claimed that the police had tampered with the telephone evidence and Linton admitted, under oath, that several phones taken from the accused men were used by police at the Organised Crime Investigative Division for days. The defence has argued that the instruments have been tainted.
But while admitting that fact, Justice Campbell told the jurors that the phones could be likened to a baton in a relay and if the baton fell it could be retrieved and the race could continue.
The important thing, he said, was if the baton was in the same condition at the end it was when the relay started.
“It would be a most uncouth police officer to go ahead and produce a text like that unless he knows that Lizard would not return,” he said.
At that point the obviously peeved attorney Tom Tavares-Finson sprung to his feet and launched an objection during the judge’s summation.
“Excuse me, Your Lordship, may I have the date and time of that message because that message was sent three hours after the phones were seized,” he said sternly.
This prompted lead prosecutor Jeremy Taylor to remark, “Is that an objection within a summation?”
“That’s exactly what it is,” attorney Pierre Rodgers shot back.
Another defence attorney Tamika Harris stormed out of the courtroom with a livid look on her face.
Earlier the judge told the jurors that there were several text messages that they could examine to see if it coincided with the testimony of the star prosecution witness, including the ones where Vybz Kartel is accused of making mention of ‘shoes’ and his attempts to make arrangements to flee the island.
However, Justice Campbell also pointed out that there was a gap in the chain of custody of a cellular phone and asked the jury to consider whether or not the defence’s claim that there was a gap in the chain of custody was worthy of consideration.
“Proof of chain of custody is not a legal requirement nor is it fatal to the Crown’s case, unless it compromises its integrity, this is an issue which goes to reliance,” Justice Campbell said.
“The integrity of the phone was compromised between the 3rd and 22nd of October [2010],” he said.
He said Linton had admitted that the phone was accessed on the ninth, 10th, 11th, 13th, 14th, and 15th of October.
“If there is a gap in continuity, if the jury is not satisfied beyond reasonable doubt that the phone was compromised it can still be admitted. But bear in mind, the longer the phone was compromised the lower the value as evidence.”
The trial will enter its 64th day today.
Vybz Kartel, Shawn ‘Shaun Storm’ Campbell, Kahira Jones, Shane Williams and Andre St John are all accused of bludgeoning Williams to death at a house owned by Vybz Kartel in Havendale, St Andrew on August 16, 2011.
da judge press all him socks him neat bad
There is sooooo much reasonable doubt in this case with all these tampered evidence, this is ridiculous!
I just wonder if, because of all this, investigations from this point on will be handled more properly, because I would be HIGHLY embarassed, if I were the police & investigation team. Heads should ROLL because of this public embarassment!
Mi tell unu from last week seh de judge a try him best fi dem dash weh kartel…..see it deh, how could the police know for sure that Lizard would not return, what type of conspiracy is that?
Can you have an objection in a summation? Ms. Lawyer start walk from early.
Judge is clear as chrystial
I love this judge, he is wise and prudent, and as I stated before; I knew he was gonna direct the jury; he believes kartel is guilty due to common sense. If there is a “tainting of evidence” by the police, its true lizard would either be dead (intact) but not missing (minced-up). Kartel stated via voice notes; “dem mince him up” U be the judge, and bem fair!!!!!
I still believe he will be found not guilty…..BUT his saga will continue!!!!
Morning jmg, met, jmg crew, peepers, bloggers and all, bless-up!
hey londyy..happy hump day :peluk
@yep :angel :angel :angel :angel :angel :angel :angel
If he’s found not guilty, justice would not have been served. If I was a juror the first thing I’d look at is the testimony of wee, imagine shawn storm is wee’s brother in-law and he had no hesitation to carry this young man to face what seemed a certain death, shawn storm should face the gallows for his part……
*be*
I thought the judge was suppose to inform the the jury if the law, not try to direct them how to convict. Too much flaws in the case to come with an guilty charge and the judge not suppose to be bias! That’s not what judges do
Yes it is, based upon what has gone on in court. Judges can direct juries to acquit, too. This judge is not even saying that the jury must convict. He is picking the sense out of nonsense for the jury.
You’d do well to refrain from saying what judges do and are allowed to do if you are only basing your “knowledge” on emotions.
Go read up about judges and summations in the U.K, U.S AND Jamaica, just in case you are thinking that this judge is out of the ordinary.
In fact this judge is saying (about the prosecution and defence) what clear headed (whether bias or not) commentators over the net have been saying about this case since it started.
Some people are capable of remembering details (as presented by the prosecution and defence) and are not surprised by this summation. I’m still not sure if the jury is so “straight”, so you may get your wish for Kartel to walk free.
Doesn’t mean he aint guilty, though!
ESPECIALLY DI JUDGE DEM WEH POINT BLANK SEH ..”MR SOANDSO SHOULD ROT IN PRISON” …AND A JUDGE CAN ALSO FIND A MAN GUILTY BEFORE ANY ONE ELSE……kartel lucky dem very nice to him and di defence team weh not even know weh dem a do conspiracy and dem nuh have nuh plot
Thank you Oh Well——your on my level!!!! :2thumbup
He shouldn’t allow her back in court. I would take her walking out as a sign of disrespect to the court. The judge once again is correct. It’s beyond believability that they would concoct a story of Lizard being mince meat not knowing for certain that the man is dead and will never reappear.
I don’t see how any logically thinking person could acquit.
Da Judge ya a do him job. Do you ting my Lord !!!