Last Sunday an entire family of five were slaughtered and their home along March Pen Road in Spanish Town, burned to the ground. According to the Police for the last three consecutive weekends there have been acts of arson along March Pen Road.
According to the US, State Department’s Overseas Security Advisory Council [Crime throughout Jamaica maybe as a result of several factors: poverty, retribution, drugs, gangs and politics.
Additionally, Organized crime and other criminal elements are prevalent and extremely active. Most criminal activity is gang-related. The police are only able to resolve (make arrests) in 45 percent of homicides annually, and they only convict perpetrators in seven percent of the homicide cases. This leads both the public and police to doubt the effectiveness of the criminal justice system leading to vigilantism, which only exacerbates the cycle of violence. Based on their past experiences, most civilians fear that at best, the authorities cannot protect them from organized criminal elements, and at worst, are colluding with criminals, leading citizens to avoid giving evidence or witness testimonies.]
Having seen it first hand and fought it for a decade, I would say to the US State Department , “you hit the nail on the head but there is no maybe about the factors which have created this dangerous Serengeti of violence”.
This assessment is a damning indictment, not on our country but on the Administrations which have handled the Island’s affairs since it was let go by Britain.
When a team screws up you don’t fire the team. Sure you may make a change here and there ‚but the problem is always within the remit of the coaching staff.
Jamaica’s political leaders after Independence have been indistinguishable from little banana republic strongmen. The kind everyone points to in Latin America, Africa and parts of Asia.
They have pretty much interpreted the power given to them to serve as authority to rule.
Both political parties have placed guns into the hands of criminals and insulated themselves from criminal prosecution by effectively dismantling the rule of law.
There are several reasons why cases gets stalled in the system.
Incomplete prosecution case files ◊Missing witnesses ◊ Overburdened Infrastructure ◊Defense counsels not being paid◊Accused criminals absconding the jurisdiction, among others.
When we conflate the aforementioned and juxtapose them with the limited time that the high court sits in the abbreviated sessions, we have a better idea why there is such a huge backlog. One begins to get a better idea why such small numbers of cases gets heard much less decided.
It gives us a better view of why even murder cases do not get heard as they should with the degree of dispatch they deserve.
Did I also mention poor prioritization on the part of authorities given the existing challenges? Well that is also a part of the equation.
Nevertheless , none of the reasons which contribute to the backlog singularly or combined is enough to justify tossing a case as serious as murder from the roster.
Look, I too believe that clearing the docket of all cases would give all concerned a fresh start . But as tempting as that prospect is , it would only offer the political directorate and those who got the system bogged down in the morass in the first place a second chance at lethargy ‚laziness, and corruption.
No amount of zeal and desire for a fresh start could ever justify tossing a murder case from the court docket simply because we crave a fresh start , or worse that some bureaucrat desires to overstep his bounds .
There are several ways that court dockets can be cleared with greater alacrity without denying justice to those whom have had their loved ones taken away from them.
First , get rid of the silly Michaelmas , Hillary and Easter sessions and have Judges sit in courts on weekdays in other countries.
If necessary appoint more judges and suspend for a time the use of courtrooms used for resident magistrate matters . This can be done by effectively using the plea-bargain tool, giving low level offenders the opportunity to accept a plea , pay a fine and move on without clogging the system. Doing so would effectively free up courtroom space and release the bottleneck chocking off the dispensation of justice.
The idea of throwing out cases in order to gain a fresh start is exactly the opposite of what the country should be doing . It will encourage corruption. It will encourage criminal offenders to stall their cases knowing they will eventually be tossed.
Shockingly that is what the Island justice Minister is advocating. Which leads me to ask , ?whose interest does Delroy Chuck represent.
Delroy Chuck is not ignorant to these facts, therefore it must reasonably be construed that his push is to absolve dangerous murderers using the office of the Minister of Justice to do it will not stand.
We cannot allow Delroy Chuck to use the people’s office to help Jamaica’s dangerous murderers to evade justice . Chuck belongs in the hall of shame, in a country of law this guy would be booted from office for daring to suggest what he has.,
This publication is calling on Prime Minister Andrew Holness to repudiate the position of Delroy Chuck. And replace him with a public servant who has the interest of Jamaica’s law abiding citizens at heart.
The country does not need a justice minister who advocates for criminals over decent law abiding citizens.