CONTROVERSIAL dancehall entertainer, Vybz Kartel, was yesterday left disappointed after his bail application failed to materialise in the Corporate Area Resident Magistrate's Court, resulting in a further extension of his stay behind bars.

The entertainer, whose real name is Adidja Palmer, made his second appearance in the Gun Court Division of the court on murder, conspiracy to murder, and illegal possession of a firearm charges. However, he was remanded into custody after his lawyers, Tom and Chris Tavares-Finson along with Michael Deans were forced to defer the application due to the absence of a witness statement. Kartel is scheduled to return to court on October 26.

 

Vybz Kartel is escorted to the Corporate Area Resident Magistrate’s Court, yesterday. (Observer photo)

The deejay has been charged in connection with the July 12 murder of Barrington 'Bossie' Burton, a 27-year-old businessman/promoter of a Gregory Park address in St Catherine. Burton was reportedly killed while standing with friends along Walker's Avenue in Gregory Park.

Nigel Thomas and Lainberg McDonald, who are jointly charged with the entertainer, were also remanded into custody.

Kartel wore a defeated look on his face when he was escorted into the courtroom and out some three minutes later.

Shortly after, his attorney Chris Tavares-Finson told the media that the entertainer's legal team could not apply for bail without being served with a copy of the witness statement, as they needed to know what was in the statement before making the application.

"The defence went into court today expecting an indication as to whether or not the document that we have been hearing about, if it exists. If it exists it must be served on the defence but that document was not served and there was no indication whether or not it exists," he said.

However, the lawyer said that the magistrate made an order for the police to retrieve the document from Public Defender Earl Witter and to serve it on the defence before the next court date.

Meanwhile, supporters of the artiste — who had started gathering outside the courthouse from minutes after 10:00 am — later converged at the entrance to the Half-Way-Tree Police Station in hopes of getting a better glimpse of him. Walking with portraits of the artiste, the supporters called out for his freedom as curious bystanders looked on.

Kartel's common-law wife, who goes by the name 'Shorty' and who was on the verge of tears when she learnt that he was further remanded into custody, tried to put on brave face.

"I am not feeling good, but at the end of the day good things come to those who wait and at the end of the day him affi get bail," she responded when asked how she was coping.

Kartel, who was arrested on September 31 at a hotel in New Kingston by police from the Flying Squad, is also charged for 4.3 ounces of ganja found at the premises. However, he pleaded not guilty to possession of ganja and is expected to return to court on November 10.

His co-accused, Alicia Jackson, last Friday pleaded guilty to the charge and was fined $500 or 30 days in jail. She paid the fine.

AS Buju Banton says goodbye to his freedom for what could be at least six years behind US prison walls for a drug conviction, the Rastafarian reggae artiste says he intends to spend his time seeking higher learning.

Speaking exclusively with the Sunday Observer after his 10-year sentence was handed down in the Sam Gibbons Federal Court in Tampa, Florida last Thursday, Banton (real name Mark Anthony Myrie) said he was already attending classes inside the Pinellas County Jail in Tampa and planned to attain a master's degree by the time his federal sentence is served.

 

BANTON... I can do anything I put my mind to

"I am already going to classes. I have passed the acceptance test and I will be studying political science and economics. I hope to get a master's by the time I am released," Myrie said.

With steely resolve ringing in his voice during a telephone conversation with this newspaper, Myrie was adamant that he would not crumble under the pressures of incarceration and said he was determined to make good out of his troubles.

"I can do anything I put my mind to; you know that. I have balls of steel. People who know me know that I am very determined and will achieve my goals despite hardships. I will not allow the system to conquer me," the artiste declared.

In the United States, inmates serving federal time are allowed to pursue tertiary education in an effort to rehabilitate them and curb the high rate of recidivism.

A study by the Graduate Centre of the City University of New York revealed that inmates who take college classes while in prison are four times more likely to stay out of trouble when they are released. The research showed that only 7.7 per cent of inmates who took college courses returned to prison, compared to 29.9 per cent of those who did not. The New York study also found that college prison programmes save US taxpayers about US$900,000 per 100 students every two years.

Myrie's attorney, David Markus, has repeatedly pointed to his client's strength of character and told reporters that despite being jailed for 18 months since December 2010, the artiste had remained optimistic and in high spirits.

Markus was dismissive of suggestions by reporters outside the courtroom that guilty pleas by Myrie's co-defendants Ian Thomas and James Mack had a bearing on the 10-year sentence meted out to the artiste.

Thomas and Mack both received sentences of 51 months after filing guilty pleas. Both were held attempting to purchase a large quantity of cocaine from undercover drug enforcement agents in a police-controlled wharehouse in Sarasota, Florida, hours before Myrie himself was arrested at his home in Tamarac, South Florida and carted off to jail.

"There is a big difference. Mark has fought two trials and I think that stands for what kind of character Mr Myrie is to the other people," Markus said.

Myrie, dressed in his grey prison uniform with shackles around his ankles, seemed resigned to his fate in the courtroom last Thursday, even flashing a brief smile after his sentence was handed down by United States Judge Jim Moody .

He laughed loudly many times during his brief conversation with the Sunday Observer.

He repeated his expression of thanks for the outpouring of support and urged his fans and well-wishers to be strong.

"Even though the days ahead may be filled with despair, I will prevail over this malady that has befallen me. I may be down but not out and I shall return," was his message.

Markus has signalled his intention to appeal the judgement in an appellate court in Atlanta, Georgia and exuded confidence that the possibility exists that the 38-year-old Myrie could be out of prison in two years if his arguments hold water with a three-member panel of judges.

Moody had on Thursday dropped the charge of possession of a firearm in furtherance of a drug offence against Myrie.

"We are looking forward to the appeal," said Markus. "We believe we have a lot of good issues on the appeal and now that we have knocked out two of the counts we have got two to go. We are not going to stop fighting on those two."

Buju Banton, the only surviving son for his late mother and the only son sired by his father Benjamin Myrie, shot to prominence in the early 1990s with the hit song Browning. He ruled the world of dancehall with his raspy vocals and catchy lyrics before his conversion to the Rastafarian faith about six years later.

Since then, he has had five Grammy nominations and was awarded the Reggae Grammy earlier this year for his album Before The Dawn, just weeks before he was convicted by a 12-member panel of jurors for his role in a cocaine deal.

An earlier trial in 2010 ended in a mistrial after a jury could not unanimously decide on his guilt or innocence.

TAMPA, Florida — Reggae singer Buju Banton could be out of federal prison in six years, according to his attorney David Oscar Markus. Speaking to reporters after the verdict of a 10-year sentence was handed down by United States judge Jim Moody, Markus said Banton would be credited with the 18 months he spent incarcerated in the Pinellas County Jail in Tampa, Florida.

"He will get credit for all the time he was in, plus good time credit. So he's got six years remaining on his sentence. Six years is too much time, but it's much better than the 15 years he was looking at going in this morning," Markus said.

 

BANTON... sentenced to 10 years in prison

Banton, who will be taken to a federal prison in Miami next week, was philosophical in a message he sent with Markus telling his children to hold strain.

"To my family, especially my children, remember our little song, Love the Lord and do no evil. The man is not dead, don't call him a ghost," the message read.

Banton appeared in court dressed in prison garb and shackled at the feet. He watched silently as Markus appealed to the court for a lighter sentence and waved to his supporters before flashing a brief smile as he was whisked out of court.

After listening to Markus' submission, Moody indicated that he was bound by law to hand down the mandatory 10-year sentence and agreed with an earlier argument by prosecutor Jim Preston that Banton's participation was key to the drug deal and that he expected to profit from the deal despite limited participation. However, the judge did not concede to Preston's request for a lengthy sentence.

The judge also dropped the charge of possession of a firearm in furtherance of a drug offence, citing that Banton did not know that his two co-defendants — Ian Thomas and James Mack — were in possession of an illegal gun when they were arrested attempting to purchase a large amount of cocaine from federal agents in a police controlled warehouse in Tampa, Florida.

Preston, who argued that there was a difference between Buju Banton the "joyful" reggae artiste and Mark Myrie the drug dealer, appeared peeved when the sentence was read out and declined to speak with reporters outside the Sam Gibbons US Court when the matter ended.

Outside the court, Markus told reporters that he would be moving speedily to secure the artiste's release in an appellate court in the neighbouring state of Georgia. If successful, the artiste could be out in less than the six years projected by Markus, whose legal team also included Margo Moss and Dave Seidel.

"We are hopeful, we are still optimistic, we are very thankful that the judge did that today and now we will appeal to an appellate court in Atlanta, Georgia," Markus said. "Three judges will hear our case on the 10-year drug count that is left and we will be arguing that the evidence was insufficient on the drug count and that there was entrapment as a matter of law because of that scoundrel Alex Johnson. Mark Myrie is my brother, and I am going to keep fighting until they tell me to stop fighting."

Johnson is the confidential US Government informant who approached Myrie and enticed him with arguments about illicit drug dealing during a flight from Madrid, Spain to the United States in 2008.

Myrie was arrested at his home in Tamarac, South Florida after almost a year of surveillance of telephone and live conversations and video recordings that included him tasting cocaine in a Saratoga warehouse.

Markus also had praise for the Pinellas County Jail correctional staff, who he said treated Banton fairly but said the artiste would fare better in a federal facility.

"Federal prison is not easy, but it's better than the county prison where he is at. The people at the county have been nice to Mr Myrie and to us and they have been treating us well, but we are looking forward to getting him to a more permanent place where it will be a little easier on him," said Markus.

Reggae singer Wayne Wonder was the artiste who introduced Banton to the world at the Sting dancehall show inside the National Stadium in the early 1990s, and the two have been close friends ever since. Throughout Banton's troubles Wonder has been a pillar of support to his close friend and yesterday after the sentence was handed down, he gave an objective view on Banton's fate.

"It is not good, but it could have been worse. Buju is a very strong person for all that he has gone through. I don't think I could have endured it," Wonder said.

Gramps Morgan has also been firmly supporting Banton during his tribulations and was also thankful that Banton was not slapped with a longer sentence.

"I am still praying and I give thanks to the most high for the leniency of the judge for understanding, because the judge's job is to follow the law and the law is mandatory 10, so he couldn't do anything about that, but still he dropped the gun charge. So we give thanks that it's not more. We are not looking at 15 or 20 years," Morgan told the Observer.

Another close friend of Banton who identified himself as 'Rueben' was hopeful that the appeal would end in the release of the artiste.

"All I have to say is, this is not the end," Rueben said.

In December last year, Banton was granted bail on condition of house arrest. He was allowed to perform at a benefit concert in downtown Miami to raise funds for his legal fees going into his second trial after the first trial ended in a mistrial when a 12-member panel of jurors could not unanimously decide his innocence or guilt.

Under the conditions of his bail he was ordered to a wear a monitoring device and was only allowed to leave his home to purchase medication or to see his lawyer. He was also ordered to foot the bill for a security detail that would ensure that the conditions of bail were not violated.

Buju Banton will be deported after he finishes serving his sentence.

Luck of the Irish brings bagpiper and Jamaican rap artist together for 'The Sound of the Bagpipe'

BY PATRICE O'SHAUGHNESSY
DAILY NEWS STAFF WRITER

Wednesday, March 9th 2011, 4:00 AM