JAMAICAN MEDIA PLAYING ROLLER COASTER JANE-None of 40 phone numbers registered to Kartel

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None of 40 phone numbers registered to Kartel

BY PAUL HENRY Coordinator — Crime/Court Desk henryp@jamaicaobserver.com

Friday, January 10, 2014
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VYBZ KARTEL… is being tried for murder

A witness from telecoms company Digicel testified yesterday that none of 40 telephone numbers for which the police requested customer information was “ascribed” to Vybz Kartel and his four co-accused.

Joseph Simmonds, who was group head of business risk at Digicel last year, made the disclosure under cross-examination from Tom Tavares-Finson, Vybz Kartel’s lawyer.

In a day that saw him undergoing intense grilling from Tavares-Finson, Simmonds also testified that he was informed that a disc with data for the 40 devices, which he had provided to the police, had been lost.

Simmonds had said during his examination-in-chief, led by senior prosecutor Jeremy Taylor, that he had prepared two discs and labelled them JS1 and JS2 which he presented to the police in 2011. JS1 was sealed with evidence tape.

The disc labelled JS2 was entered into evidence. But during his cross-examination by Tavares-Finson, Simmonds said he could not tell by looking at the JS2 disc if it was, in fact, the one he had presented to the police as his signature wasn’t on it. Pressed by Tavares-Finson, he said also that the information on JS2 could be copied and modified and that he would have to have JS1 in order to verify if the information on JS2 was taken from the Digicel system and presented to the police.

Earlier when Simmonds said that none of the phone numbers was attributed to the accused men, Tavares-Finson commented, sotto voce, that it was a waste of time for the prosecution to present the information in that case. The comment elicited sounds of apparent approval from some of the 12 jurors.

Vybz Kartel, whose real name is Adidja Palmer; Shawn ‘Shawn Storm’ Campbell; Shane Williams; Andre St John; and Kahira Jones are being tried for murder in the alleged beating death of Clive ‘Lizard’ Williams on August 16, 2011.

On Wednesday, Justice Lennox Campbell ruled that information from phones said to belong to Vybz Kartel should be presented to the jurors.

Yesterday, during his examination-in-chief, Simmonds said — in relation to questions from Taylor — that he is familiar with the cloning of sim cards but that he had never seen any such case in Jamaica since he started working with Digicel here in 2007.

A cloned sim can make calls and it would seem as if the call had originated from the original sim card.

Still, Simmonds said that the company has measures in place that would alert it to any such occurrence.

Under cross-examination from Tavares-Finson, Simmonds admitted that the Digicel system had been breached on two occasions, once in 2009 when money was stolen and in 2013 when data was stolen by a person who attempted an act of extortion using the information.

Simmonds said that calls are recorded and kept by Digicel for a year, but that he wasn’t certain for how long texts were stored.

He said also that it could be that the information “may be” be stored by Digicel in a jurisdiction outside of Jamaica and the Jamaican laws that govern their usage.

He said BlackBerry Messenger messages were stored by former Research In Motion (now BlackBerry), makers of the cellular phone device.

At one point Tavares-Finson asked Simmonds if he would be surprised to know that a telephone that is supposed to be in the custody of the police was being used to send texts, but Taylor objected.

Yesterday’s proceedings ended with Simmonds being cross-examined by attorney Michael Lorne, who is representing Campbell.

Lorne will continue his examination when the matter resumes in the Home Circuit Court today.

Detective Corporal Heather Forest of the Flying Squad also gave evidence in the matter yesterday.

0 thoughts on “JAMAICAN MEDIA PLAYING ROLLER COASTER JANE-None of 40 phone numbers registered to Kartel

  1. met u understand wah mi did a try seh lastnite now. same chain of custody aspect, and the disc being in possession of the lead invistigator. although there is a master copy at digicel, it would not be lawful to go back and retain another copy to use in the case. only the data that was on those two disc wud be admissable as evidence in this case. even if the disc is found later today or some other time before the trial finish, it will be inadmissable because the chain of custody wud been broken. we wait and see still.

    1. You do not know what you are talking about. When you talk about chain of custody, you are primarily talking about evidence collected at a crime scene. In this instance, the data on the missing disk is information obtained from “somewhere” and placed on the disk itself. In other words, the disk was created from either data from the 40 phones and/or “Digicel Telecommunication System”.

      So, the information from this missing disk could be sitting on the Digital Computer system or a backup file of the raw data could be somewhere where the disk could be easily recreated and affidavit signed and delivered to the courts attesting to the authenticity of the data. This has nothing to do with chain of custody. Get it?

      1. Thank you, Anonymous! Sometime mi haffie read and juss shake mi head! But chue mi realize she nuff a dem think seh juss chue dem did buss a case dem a expert pan courthouse business, mi juss Gawain hold my peace… Smh

      2. Yuh waan bet seh it caah guh suh. We watch and see. Handling of evidence is very important. Even though not from the crime scene that data on the disc wud have been important evidence to connect couple dots. Why yuh think expert seh he copy, label, and give to investigator? Because chain a custody needs to be established. Dat disc nuh have nuh credible info if it pass thru a million hands that it neva need fi pass thru. Plus if digicel expert admit seh dem system has been hacked at a certain time in the past, gives strength to the notion not to obtain another copy from back up if request is ever granted. We will watch And see still

        1. Judas reasoning is good yes but … fact remains that anuh USA we a deal with ah jamaica where as FROM YUH HAVE LINKS AND MONEY thats all it is for you to get away with any damn thing. People dont get it everything that was RELEVANT IN THIS case has become become irrelevant at this point. From the witness straight back to this missing disk that they will NEVERRRRR find.

          1. This case I pray will set a precedent ONCE and FOR ALL and changes implemented going forward.

  2. The numbers not being registered to Kartel or his cronies doesn’t mean they didn’t own them or weren’t using them. Majority of the numbers in JA probably aren’t registered to the persons using them. One can send a person into Digicel or Lime to purchase a sim card. They would buy it in their name but at the end of the day, you still have to call and give digicel your info for their system because based on experience, it doesn’t seem as if Digicel automatically updates their accounts with the info from the dealer. I have a friend weh nuh too straight and him always a send people fi buy his phones and sim cards so this is really no surprise to me and it nuh really mean anything fi say dem nuh registered to them. Wah dem need fi do is prove that they were the ones using the numbers. However dem ago do that, dem haffi figure that out

  3. I not even going to look on some a uno, uno heart black like coal, murderer, when uno loose fi uno family by the hands of the wicked, I hope uno root same way for the suspected killer or killer to get away, some a uno dark like midnight with evil,and it :travel cloud up uno judgement, not knowing what’s good and pure. Good morning Met, let me go get mi mint tea before a certain individual spoil my day.

  4. After the beating that Tavares took by the key witness the only other option is to spend money and buy out this. Remember, a Jamaica dis people, money can buy anything.

  5. When they say the phones aren’t ascribed to the 5 accused, that is not reasonable doubt. Everyone has relatives abroad that will, from time to time, send the latest phones to them. What they should now do is find out who’s names the sum cards are in. These lawyers get paid to do their job and they go beyond every means of dignity to represent their clients.

    1. Nuff a dem criminals don’t have a TRN fi transact the simple purchase of a SIM card…so me don’t know why de “fans” a rejoice. Dem should be a shame fi know sey dem master and friends nah NOTHING inna dem name.

  6. Ok I see, it’s the numbers the concern is about not the phones, so who’s name are these sim cards in? Find out subpoena the person then bring him to court.

  7. Hold the phone for a minute some of you people are acting as if you were there and see what happen to lizard or if the gunman informa is telling the truth. Unnu need to stop bout unnu family lizard is was a gunman and take the man things. How you must bite the hands that feed you that’s why the prostitution care zero.

      1. .com pls don’t waste ur intelligence trying to explain to these ppl who don’t have a heart much less a brain to think for themselves SHM don’t dweet it’s like tossing rubies to swines

        1. hey chuet you ever heard of the movie ROOTS? remember when the slave master told kunta kinte his name is now tobe and kunta refused to accept the name, you know what the slave master had to do? BEAT the name into kunta after couple rounds of lashes kunta finally said tobe, tobe, tobe.

  8. Only in the Jamaican legal system a juror can go and say hello and have the judge brush it off as nothing happened. Fram desso trial done!

    1. The judge is playing devil’s advocate. Judges will laugh and smile with then sentence you to 50yrs in prison. Trust me the judge knows what’s going on.

    2. The judge is also behaving unprofessional…he shud have dismissed the jury and order a new trial. ASK ANY LAWYER THAT!!.

      under no circumstances a juror shud approach the defense and get away without being penalized even up to temporary imprisonment. How is the judge sure no conversation held between the juror and the attorney?

      with regards to the missing disc….its the prosecution fault and incompetence if they let vybz kartel walk free to continue run his half of the clans man gang while taking instruction from Tessa Miller who is locked up overseas.

      i did some digging and found out that there is a split in the clans man gang. Bulbie on one side and tessa miller & vybz kartel on the other. Barrington Burton was killed because him neva wanna tek orders from Tessa. di police dem warned kartel countless times to avoid tessa company but he still persisted to the fact of ensure him get him commissary while in prison in JA.

      for whom think say shorty can done vybz kartel money dem have a big awakening cause after the trial him haffi go give account fi the whole heap a guns fi drug money weh lodge in countless accounts. plus shorty cant get dolla unless kartel sign off pon a piece a paper fi she go bank.

  9. Some people in denial just give it a rest now please.
    Fan or not it’s CLEAR!! It’s going in KARTEL favor at this time
    Maybe tomorrow it will be different but unu know how d system run
    & unu still a gwan like unu nuh know. Missing disk missing page from the police report..
    DNA test nuh match .. Weak forensic evidence, body still not found after being incarcerated for 2 years like he was already doing time before the trial where they do that at … Like seriously we know him guilty but dem can’t prove it simple!
    This whole case is a joke & better dem let him go & stop Mek Jamaica look even worseeeeee cuz a poppy show dolly house court n trial this!

  10. Judge na play not a devils advocate last time mi check
    Pusey rude & don’t play .. I don’t think she would be playing mind games at this point
    I know she a say a poppy show business a gwan … & just like how d ppl dem tired of this ongoing nonsense trial Weh a gwan fi bout 2 months now n can’t done I’m sure the jurors dem tired to it’s so pointless .. & mi over hear a thing bout judges lawyers & accused being in the same Lodge .. N Ray Tay Tay … Yeh

  11. People stop blame the man for trying to save his skin blame the police for bad work and greed. Which one of you if given to chance to walk on any charge would not take it. If the lawyers had to buy it out that’s what they did and who say kartel will walk. Some of you people just hate him and even if he is innocent unnu still want him a prison. You cannot expect for him not fight his life and yeah what about lizard. (Watch your friends)

    1. First of all, why did he put himself in the situation he’s in? Are you gonna sit back and blame us for that? Secondly I DO NOT associate people that i KNOW are in illegal activities, and as I said on a next forum that you are on, you are an opportunist. When that site posted that the judge ruled to have the telecom evidence shown in court you ACE were the first to post and make sympathetic utterances. Now you hear that evidence is missing you have made an about turn.

  12. My car have wheels that can turn but you want this man to just not fight for his freedom. Come on think about it if when they took Saddam Hussein out of that hole and said we will set you free if and only if you are willing to leave the country he would take it. Shit I would take it. Now if you can buy out the case then why not.

    I don’t hear non of you guys crying out that innocent 16yr old shot by the x6 killer or how Peter buntin rob movado or when he got rob when he was caught in a hotel with hos or the prime minister selling out the nation. As long as it have anything to do with people in society let it go like water under the bridge. Come a toad mi dj the world is waiting to see you.

  13. Ace mi bun criminal, especially murderers, mi bun the police who killed janice Allen, mi bun the police who killed the 14yr old girl from Harbor view, mi bun Harry bungles, mi bun all murderers and their associates, I stand corrected but are you implying that this case is being bought out are you saying kartel is guilty but because he’s your dj he should walk?

  14. de whole a unu weh want se de man get convict go suck out unu mouth lady saw voice low de bloodclat man mek him fight de case buy out r no buy out r de whole aunu jus wait till de judge turn it ova to da jury n stop cum pan de site n bloodclat as early as morning a post unu comment

  15. Lol grung here I come —————————————————————————————– Metsy u a bad ppl str8888888888888888888 a love it lmaoooooo

  16. Once again the judge sending out subtle signals, gleaner reports that the judge is bemoaning the fact that only poorer class people are presiding over cases……mi read that deep!!

  17. Would never say walk but until unnu start talk the same way about the so call leaders of the nation you cannot expect poor people to say hang them community leaders bad or good. If kartel or any local bad man a do wrong it’s on a small scale people my jamaican people hold yourselfers responsible first and then people will start looking for justice at no cost.

    Look at what you wrote http://www.com ( the judge a say that only poor people are the ones who are jurors. From that I would say it goes back to holding so call upstanding citizens responsible for what is going on. Why rich Jamaicans can’t be jurors because whatever they have to do is more important than the justice system or maybe because the rich don’t commit crimes.

  18. Gleaner reports that a few weeks ago a student from the Norman Manley law school was observed by a police officer handing a sweety (candy) to vybz kartel……….. this is really turning out to be a fiasco.

  19. the people got love fi vybz but alot a ppl want to convict di man before the the jury say guilty.. mi nuh see the passion in some of these ppl to the amount of mis-justice gwan in jamaica as to how dem passionate fi lizard aka hit man.. Donkey say di wurl nuh level.. the only thing mi can say is some ppl have a diffrent hate fi vybz kartel

  20. “Earlier when Simmonds said that none of the phone numbers was attributed to the accused men, Tavares-Finson commented, sotto voce, that it was a waste of time for the prosecution to present the information in that case. The comment elicited sounds of apparent approval from some of the 12 jurors.”

    so far the prosecution is either incompetent or the judge get buy out. becuase from one of the jurors went to bleachas lawyers office that juror shouldve been dissmissed ! now the same juror is being vocal in the jury box making noises agreeing with the defense . why didnt the prosecution demand the removal of said juror. that is obvious misconduct on bleachas lawyers behalf

  21. How we have so much internet lawyers and one getting paid for their services. This case is an eye opener to the jamaican people I hope the students have note books and pens and ready for taking notes because kartel a teach unnu a next lesson.

    Please start holding the political leaders responsible for their actions in jamaica because if you don’t the system will not change. Love my people but same laws for rich should same for the poor.

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