Vybz Kartel’s Lawyer Isat Buchanan Lashes Holness On ‘Death Penalty For Illegal Guns’

Prominent attorney and chairman of PNP’s Human Rights Commission Isat Buchanan has criticized Prime Minister Andrew Holness for making comments he knew would get a favourable response from the public, rather than some that were practical.

Speaking at the Jamaica Labour Party’s (JLP) 78th annual conference on Sunday, Holness said that those found in possession of illegal firearms would face the death penalty if it were up to him. “Anyone found with a gun [that is illegal] should start with the death penalty. That’s how strongly I feel about it…that’s how serious we should treat it,” Holness said, according to the Jamaica Observer.

In a release today, Buchanan, who is also the legal counsel for incarcerated deejay Vybz Kartel, said Holness may have contradicted his oath to uphold the Jamaican Constitution.

“A prime minister who stirs public expectations in a manner which is offensive to the Constitution would do well to remember his own oath to protect the constitution that appointed him. Indeed, the prime minister is himself a creature of the Constitution,” he said in the release.

“The reality is that the prime minister’s applause-seeking proposals will not pass any serious legal examination. He has at least two well-known queen counsel who support him, who would do well to remind him that the case authorities have clearly defined what type of cases are appropriate for the death penalty,” Buchanan continued.

It was also noted the prime minister’s ‘ill-advised comments’ also counteract the guidance provided by Jamaica’s highest court, the Privy Council, in Trimmingham v The Queen [2009] UKPC 25, which articulated the exacting principle of ‘the worst of the worst’ in distilling the criteria for applying the death penalty.

“A mandatory death penalty is constitutionally offensive for many reasons which can be easily identified by a first-year law student. It is not by chance that the death penalty has not been carried out in Jamaica since 1988, 33 years ago.”

Hypothetically speaking, if Holness’ feelings on illegal firearm sentences were legal, a slew of Dancehall entertainers would be on death row.

These include Tommy Lee Sparta, Laden, and Shokryme who all recently pleaded guilty to the illegal possession of firearms and ammunition.  Sparta and Laden are serving multi-year prison terms, while Shokryme’s sentence is pending.

American influencer and YouTuber Jayda Cheaves, who was found with an illegal gun, was given a fine after pleading guilty in September.  Her gun was registered in the United States. 

Also on death row would be Vybz Kartel’s murder co-convict, Kahira Jones, who was found guilty of illegal possession of a firearm, illegal possession of ammunition and wounding with intent in 2019. 

Dantay Brooks, Mavado’s teenage son who was convicted earlier this year for murder, arson and an illegal gun, would also face the death penalty.

Dancehall deejay Rytikal and producer Shab Don would face the same penalty if they were convicted in their ongoing trials for similar offences. 

In China and Malaysia, strict legislation approves capital punishment for unlawful firearm possession and trade.