Evolving democracies are constantly required to update it’s laws to keep up with the ever changing times.
With the rapid pace of technological advancement, the possibilities the internet offers for law breaking it is particularly important that laws are constantly updated and old outdated ones discarded.
Since Jamaica fancies itself an evolving democracy it is paramount that it comport itself as such . Whether it is doing enough to update it’s old archaic laws is a legitimate subject of debate. As we have seen even when lawmakers do decide to take legislative action , it is generally poorly thought through , devoid of critical empirical data and so the country ends up with bad laws which have devastating negative consequences for the country as has the INDECOM Act.
X6 TRIAL
The trial of Patrick Powell has commenced in a Kingston courtroom . Powell is charged with the murder of Khajeel Mais a 17 year old Kingston College student who was riding in a taxi-cab which hit Powell’s sport utility vehicle .
The information alleges that Powell embarked from his vehicle firing a weapon which killed Mais .
That is the case for the court. The case has been languishing since young Mais was killed in 2011.
Thus far Patrick Powell who fled the jurisdiction after the shooting is still out on bail.
To date according to the police, Powell a supposed legal firearm holder at the time, still has not handed over the kill weapon to the police as is required by law.
Despite having boarded a flight and left the country after the shooting ♦ Despite having steadfastly refused to turn over the kill weapon to the police he was granted bail.
The family was forced to resort to a social media campaign just to get the case heard. Of course a judge quickly ordered the family to cease and desist from any protest on social media because it may jeopardize Powell’s right to a fair trial .
You simply cannot make these things up.
Now that the trial has finally started, the chief witness in the case Wayne Wright the driver of the taxicab, has demonstrated in the courtroom exactly what the family has suspected all along.
That despite the protestations of Patrick Powell’s lawyers and the acquiescence of the trial judge, it is they who are being denied a fair shake in that courtroom.
The chief prosecution witness now absolutely contaminated, has been openly hostile to the prosecution , denying that he ever saw who fired into his cab.
Denying that he told the police that he knew the shooter Patrick Powell whom he said he knew as “Nigga” for eight years.
The Jamaican media will not say it but I will . Clearly this witness who almost got killed in that shootout was paid off. By whom is the real question .
From my experience as an investigator, there is absolutely no way that the Police could know that the witness Wayne Wright knew the defendant Powell . Subsequently as long as his written statement given to the police is in evidence, he stands to be treated as a hostile witness by the prosecution. Which I am informed has been done .
Or charge him with perjury since there is no way that the Police investigators could pull Powell’s name out of the 2.8 million other Jamaicans ‚and name him in the witness statement unless being told he was the shooter by the witness Wayne Wright.
The jamaican criminal courts are wont to give aid and comfort to criminals even given the most blatant and egregious instances of witness tampering. There is every reason to believe that once again the scales of justice are being tipped against the family of Khajeel Mais .
There are remedies in law to deal with this witness whom clearly has been tampered with by the defense, or actors acting on his behalf.
Clearly the strategy is to either tamper with this witness through financial coercion, or through intimidation and fear.
Either way it is an outrageous assault on the system of Justice and an affront to the dignity and sense of fairness for the bereaved family.
Shockingly , because Powell was allowed out on bail even though he refused to turn over his weapon to the police they see this as a way to beat this murder case.
This shocking yet all too common miscarriage of justice began with shoddy police investigation. Undue delay in bringing the case. Ridiculous and unwarranted delays in commencing the trial. An unconstitutional gag order by the trial judge on the family. Defense counsel’s criminalizing of the victim . And now a vital prosecution witness lying under oath with impunity.
This is the result of a criminally complicit justice system which favors the murderers and vicious killers over decent law-abiding citizens.
This whole fucking apple cart need to be overturned.