The Court of Appeal has struck out arguments from Vybz Kartel’s family claiming the popular entertainer cannot stand a retrial on health grounds.

The arguments were filed in an affidavit.

Kartel’s attorneys submitted an affidavit from the entertainer’s son, Likkle Vybz, saying Kartel is sick.

Likkle Vybz, whose given name is Adidja Jahiem Palmer, tried to make the case in the affidavit that his father’s incarceration has had a negative effect on the family.

The younger Palmer said his grandmother, Kartel’s mother, Theresa Wilson Palmer, prays every night for her son.

But Justice McDonald Bishop struck out the argument, saying the younger Palmer couldn’t have been there every night to witness the prayers.

She ruled the argument amounted to hearsay.

Justice McDonald Bishop also struck out the claim that Kartel’s heart could not sustain a retrial.

The presiding judge reasoned Adidja Jahiem Palmer isn’t in a position to definitively speak to that claim.