Justice Andrea Thomas struck down a “premature” habeas corpus appeal by Vybz Kartel’s attorneys today saying that the Fever deejay’s continued detention was not in breach of the constitution.

The matter moved to the chief courtroom on the Supreme Court building this morning.

Vybz Kartel and two of his three co-accused will remain in arcs after Justice Thomas rejected the habeas corpus application submitted by their attorneys Thursday.

Thomas said in the absence of a verdict or acquittal by the Privy Council, the charge of murder remains in effect.

“In view of the fact that their appeal is not yet determined they should remain in custody until their appeal is concluded… That is until a verdict of acquittal is entered or there is a decision for a retrial,” Thomas said.

The retrial battle is set for June 10th.

Attorney Lisa White, appearing on behalf of the Attorney General’s Chambers before Supreme Court judge Justice Andrea Thomas, had argued that the habeas corpus application was indeed “premature”.

“It is lawful for them to remain until the matter has been decided by the Appeal Court. The charges still remain. They are still charged with murder, notwithstanding that the convictions have been quashed, the prosecution is live,” White had argued on Wednesday.

Attorney for Vybz Kartel, Isat Buchanan, hit back saying that “a conviction must exist for there to be authority to detain” the men.

“They are not detained on a conviction currently. The order from the Privy Council was quite specific, in that it actually quashed the convictions, it didn’t direct the court to quash the convictions. Upon doing that, the Apex Court when they make orders is quite specific. The issue for this court is to indicate under what authority would the men remain in custody,” Buchanan had challenged.

The Privy Council, in quashing the convictions of the men for the 2011 murder of Clive “Lizard” Williams, ordered that the case be remitted to Jamaica’s Court of Appeal for it to decide whether a retrial is necessary for Vybz Kartel — whose given name is Adidja Palmer — and his co-accused Shawn “Shawn Storm” Campbell, Kahira Jones, and Andre St John.

Lawyers representing Vybz Kartel, Campbell, and St John on May 13 filed a writ of habeas corpus application in the Supreme Court in downtown Kingston seeking their release, arguing that there was no order by the Apex Court for the continued detention of their clients and as such they should be released.

The writ essentially seeks to have a judge make an order for a prisoner to be brought before the court for it to determine if he or she should be released or granted bail. Jones, who is reportedly facing another charge, was not included in the application.

Assistant Deputy Director of Public Prosecutions Paula-Sue Ferguson, had maintained that “the Privy Council did not submit a verdict of acquittal”.

In April 2014, Kartel was sentenced to life in prison with eligibility for parole after serving 35 years of his sentence. His co-accused were also handed life sentences – with Shawn Storm and Jones being eligible for parole after serving 25 years, and St John being eligible after serving 15 years.

“They remitted that to the Court of Appeal. What that means is that the applicants remain appellants. The Court of Appeal must make the determination of discharge or retrial. The writ of habeas corpus is at this time not an appropriate application. They remain appellants and they are still in custody pursuant to lawful charges,” Ferguson said.