A request from reggae superstar Buju Banton to be tried separately from his two co-accused has been rejected by a court in the United States (US).
Buju, whose correct name is Mark Myrie, had applied to the US District Court in the Middle District of Florida, Tampa Division in May 2010, to have his trial separated from Ian Thomas and James 'Spencer Clarke' Mack on the basis that this could be the reason the trial was being delayed.
But in an oral ruling, the court denied the request while siding with the prosecution, which had argued that the general rule was that defendants who are jointly indicted should be tried together, particularly in conspiracy cases.
"It would impair both the efficiency and the fairness of the criminal justice system to require, in all these cases of joint crimes where incriminating statements exist, that prosecutors bring separate proceedings, presenting the same evidence again and again, requiring victims and witnesses to repeat the inconvenience (and sometimes trauma) of testifying," the prosecution claimed.
"(This) would randomly favour the last-tried defendants who have the advantage of knowing the prosecution's case beforehand," argued the prosecution successfully.
The trial is now set to begin in early September with the start date to be set at a status conference on August 4.
Government prosecutors are expected to take three to four days to present their arguments, while the defence is expected to take three days to present its case.
Buju and his two co-accused were arrested late last year and charged with conspiracy with intent to distribute five kilograms or more of cocaine and possession of a firearm in furtherance of a drug-trafficking crime.
The three have been in custody since then awaiting trial.
Meanwhile some persons describing themselves as advocates for Buju Banton have penned a letter to the US Attorney General asking fans and supporters to mass mail them in a bid to alert the authorities that the case is being watched by the public.
The sample letter written in the first person reads:
Dear Attorney General Holder:
I am writing to ask for your intervention with respect to a grave injustice against Grammy-nominated reggae music icon Buju Banton (legal name Mark Anthony Myrie). The incarceration of this legendary musician without bail is unconscionable. He is currently incarcerated in the Pinellas County Jail in Clearwater, Florida while he awaits trial on drug conspiracy charges in the Middle District of Florida for which he has pleaded not guilty. The charges are a result of information provided by a professional informant who relentlessly pursued Mr. Myrie for six months to participate in a drug deal.
In our great system of justice the accused is innocent until proven guilty. Therefore, persons accused of crime are entitled to bail. Mr. Myrie meets all of the requirements for bail, yet it has not been granted. In addition, his trial has been postponed three times despite his attorney’s objections.
The professional informant in Mr. Myrie’s case is a convicted drug trafficker from Colombia. This convicted felon has been granted legal immigration status and to date has earned over three million American dollars (tax-free) for serving as an informant to various U.S. government agencies. Taxpayer dollars certainly could be spent more effectively than on trying to entrap individuals who have no previous criminal record and have never been involved with drugs in any manner. Is the Federal government presently in the business of creating criminals?
Mr. Myrie, a.k.a. Buju Banton, produces uplifting, positive music comparable to the music of Bob Marley. His work inspires people worldwide. He has been nominated for a Grammy Award, the highest achievement in his field, four times since 1999. He is one of the leading voices of his generation, shedding light on such issues as the unrelenting violence and abject poverty pervasive in the Third World.
Banton has also represented his country in performances at the Summer Olympics in Greece in 2004 and at the Cricket World Cup Opening in 2007. Buju commemorated Jamaica’s support for President Obama by appearing in rock legend Dave Stewart’s music video for “American Prayer,” a moving tribute to the President. Additionally, Buju is a family man, an employer and a generous philanthropist.
Given Buju Banton’s exemplary reputation, his humanitarian efforts and his cultural contributions to society, he should not be languishing in jail at U.S. taxpayers’ expense. I urge you to do whatever possible to end this injustice.
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