Shawn Storm’s attorney anticipates bail for his client
Bert Samuels, attorney-at-law for Shawn ‘Shawn Storm’ Campbell, said the decision handed down by the United Kingdom Privy Council on Thursday lays the grounds for a ‘favourable’ bail application for his client.
“I’m happy for my client,” a relaxed Samuels stated. “I haven’t spoken to [Shawn] as yet but I imagine he’s elated so I’m allowing him to celebrate. They are no longer convicts and therefore they are entitled to their freedom – so we are waiting on [the court’s] instructions,” Samuels told THE
WEEKEND STAR.
“Shawn went into the police two times after he heard that he was a ‘person of interest’ – [which] means he demonstrated that he’s not a flight risk, therefore his bail application should be looked at favourably,” he further proposed.
Campbell, along with dancehall entertainer Adidja ‘Vybz Kartel’ Palmer and their co-accused, Kahira Jones and Andre St John, were victorious in overturning their murder conviction at the Privy Council. They were found guilty in 2014 for the alleged killing of Clive ‘Lizard’ Williams in 2011, and were sentenced to life imprisonment. In 2020, a local appeal was unsuccessful.
However, the case was brought to Jamaica’s final appellate court with one of the grounds relating to a ‘tainted juror’ who was imprisoned for perverting the course of justice. He reportedly accepted a bribe to try to persuade the other jurors to present a not guilty outcome.
Following the deliberations of the case on February 14, the Privy Council quashed the murder conviction on the grounds of juror misconduct and that the “question whether there should be a retrial should be remitted to the Court of Appeal of Jamaica”.
As it relates to the overall judgment, Samuels believes the local judges should learn their lessons of what constitutes a ‘fair trial’.
“I hope that it’s not taken to be that we should abolish the jury system because [it’s] the best guard against arbitrary government but I think that it is good guidance,” Samuels expressed.
“In this case, the juror in question went on to be convicted and the judge decided out of expediency rather than justice to keep the juror there rather than deliberate with the others and that was very bad. It surprises me that such a huge point never gained traction in the Jamaica Court of Appeal – it’s embarrassing,” he said. However, the elated attorney expressed hope that in granting Campbell his freedom, the proceedings should be acted on promptly, bearing in mind the time the men have spent behind bars. “With citizens who have spent 13 years in custody already, I think their matter should be expedited and brought before the court quickly,” he said.
With a clearer explanation of the nature of the judgment from the Privy Council, Samuels stressed that his client is no longer a ‘convict’ as the Privy Council ruling means that they are no longer serving any sentence. “They are now
presumed innocent unless they get back to be found guilty, which puts them in a position like anyone of us are, as free citizens,” he reasoned.
Samuels said that if he is chosen to represent Campbell again, he’d gladly accept and “keep doing what [he has] been doing for 45 years”.
Though section 14(2) of the Judicature (Appellate Jurisdiction) Act permits a retrial where a conviction is quashed if that is in the interests of justice, the accused
are also holding on to the option of a possible mistrial due to what was argued of not having a fair trial.
“I hope that it’s not taken to be that we should abolish the jury system because [it’s] the best guard against arbitrary government but I think that it is good guidance.”