(Jamaica Gleaner) Seeking to breathe new life into his long legal struggle to reverse drug-related convictions, Grammy-winning Jamaican entertainer Buju Banton has hired fresh legal muscle to take over his appeal.
Chokwe Lumumba, a celebrated human-rights attorney based in the US State of Mississippi, confirmed yesterday that he has been hired to replace Buju’s longtime attorney, David Oscar Markus, and wasted little time identifying aspects of the case he would focus on in his quest to win the entertainer’s freedom.
One of the things that “jump out at me very quickly”, Lumumba told The Gleaner yesterday, is the “very mysterious” way the firearm charge against Buju has been handled.
“The district court threw it out and appears to have good reason to throw it out from the decision I have read. And then the Court of Appeal put it back in on some very flimsy grounds, it appears to me,” he said.
Lumumba said he has already perused transcripts of the trial and made it clear he intends to go over the case with a fine-tooth comb.
“I gotta see what the witnesses said. I gotta see if there was any evidence that should have been offered that wasn’t offered, if there is any evidence the defence tried to get in and were denied an opportunity to get in, or if there was any evidence that was admitted illegally,” he explained.
WISE TO APPEAL
“That may suggest automatically that it may be wise to make an appeal to the United States Supreme Court at least on that count (the gun charge), but I’ve got to look at the rest of it,” he added.
Lumumba said he plans to have his first sit down with the reggae superstar, whose real name is Mark Anthony Myrie, in 14 days.
It was not clear yesterday what triggered Buju’s surprise decision to change attorneys and Lumumba declined to comment, citing lawyer-client privilege.
Buju was found guilty in February of conspiracy to possess with the intent to distribute cocaine; possession of a firearm in furtherance of a drug-trafficking offence and using a telephone to facilitate a drug-trafficking offence.
The firearm charge was, however, thrown out by the presiding judge, who asserted that Buju had no idea others involved in the conspiracy were carrying guns, which was the basis for the charge.
The Grammy-winning entertainer appealed the conviction as he began serving his 10-year prison sentence.
But in dismissing the appeal last month, the US Court of Appeal for the 11th Circuit sided with prosecutors and agreed with the decision of the jury to convict Buju on the firearm charge.
The appeals court also ordered that the case be sent back to the trial judge for him to decide whether Buju should be re-tried on the firearm charge or sentenced to the five years allowed under the sentencing guidelines.
But Lumumba said he would take the position that the entertainer should be “re-sentenced” on all the charges.
“From there, we are in a state of appeal, and as far as that is concerned, once the sentencing occurs, technically, we can go right back to the Court of Appeal,” he explained.