Tag Archives: Judges and courts

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15 YEARS FOR BETRAYING THE PEOPLE:

I have long main­tained, that most of the prob­lems real or per­ceived, inher­ent in the crim­i­nal jus­tice sys­tem is cen­tered around the lib­er­al­ism of judges.

So called extra judi­cial killings,witnesses not appear­ing to tes­ti­fy, the killing of wit­ness­es, cit­i­zens tak­ing the laws into their own hands,citizens not both­er­ing to report crimes, all of the afore­men­tioned ‚has at their Genesis , Judges giv­ing slap on the wrist.This police offi­cer betrayed the trust placed in him.A trust that asked him to pro­tect and serve the Jamaican peo­ple , he betrayed that trust in the most egre­gious , stom­ach turn­ing man­ner. This Supreme court Judge Horace Marsh had an oppor­tu­ni­ty to send a strong mes­sage and he failed. He failed the coun­try , but his great­est fail­ure is to the arrest­ing Officers, who had the char­ac­ter to bring one of their own to jus­tice. He had an oppur­tu­ni­ty to send a strong mes­sage, say­ing once and for all, this will not be tolerated.

He failed.

Sergeant Russel Robinson a mid­dle man­ag­er with­in the JCF must have been aware of the image prob­lems the force had . Over the years Police offi­cers had dragged the name of the once proud Agency through the mud, sub­ject­ing the Agency to ridicule, pri­mar­i­ly by those whose char­ac­ter does not qual­i­fy them to crit­i­cize any­one. And oth­ers who have a vest­ed inter­est in tear­ing down, and dam­a­goging the agency .During my 10 year ser­vice I arrest­ed there cops and charged them with crimes.On each occa­sion the case was prop­er­ly pre­pared, all three were con­vict­ed and even­tu­al­ly boot­ed from the Constabulary. My posi­tion was always that we could not be in the same agency.

Despite the fore­gone, nei­ther of those offi­cers I charged ‚were involved in sell­ing guns nor ammu­ni­tion to criminals.This is one of the most egre­gious and rep­re­hen­si­ble cas­es of police mis­con­duct I have ever heard of ‚9’540 rounds of ammu­ni­tion, and 18 guns , this begs the ques­tion, how many guns and rounds of ammu­ni­tion did Robinson sell? .How many peo­ple died because of those guns and ammu­ni­tion, to include police officers.That is not the only issue here, the guns were sup­posed to be in the pro­tec­tive cus­tody of the police. That by itself make my stom­ach turn. Police offi­cers in the precinct of the court alleged­ly voiced their dis­gust at the sen­tence hand­ed down, I can imag­ine how they would feel from an image stand-point , but I assume those offi­cers were also think­ing about all the cops that were killed over the years. Imagining that they could have fall­en vic­tim to those thou­sands of rounds of ammu­ni­tion, and high-pow­ered weapons Robinson put in the underworld.

Again let me be clear clear , Jamaica is not going to solve its ter­ror­ism prob­lem if Judges con­tin­ue to release crim­i­nals back onto the streets with a slap on the wrists, Interest groups such as the crim­i­nal right Jamaicans for jus­tice and tri­al lawyers have argued vehe­ment­ly that judges must be allowed free­dom to make judi­cial deci­sions based on the spe­cial cir­cum­stances of each case.They argue that Politicians/​Parliament seek­ing to add guide­lines is tan­ta­mount to med­dling with the judi­cia­ry an inde­pen­dent arm of Government​.As a cit­i­zen of this plan­et I agree that Judges must be able to look at mit­i­gat­ing cir­cum­stances in each case and issue their judge­ment accord­ing­ly. What I dis­agree with is, that they should have no guide­lines. Race cars are allowed to go real­ly fast, but they are still required to stay on the tracks, Airplanes have wide open skies , but they have routes, Ships tra­verse ship­ping lanes, despite the enor­mi­ty of the Oceans .Judges must be giv­en min­i­mum guidelines.This removes the prospect of cor​rup​tion​.It removes the pos­si­bil­i­ty of advo­ca­cy from the bench.And it puts crim­i­nals where they belong, in jail.Judges are not elect­ed by the peo­ple, it falls on the peo­ple’s rep­re­sen­ta­tives, the Parliamentarians to in fact estab­lish guide­lines for them to fol­low. Disgusting crim­i­nal sup­port­ing groups , and the rapa­cious vul­tures called crim­i­nal Lawyers have their own axe to grind , nei­ther of which includes a safe peace­ful, crime free society.

This is a per­fect case for the over­turn of the Judicial sys­tem. So that the Country can start afresh.

mike beck­les:

have your say:

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Liberal Supreme Court Overturns Law That Keeps Criminals In Jail.

A Full Court, com­pris­ing Justice Horace Marsh, Justice Patrick Brooks and Justice Leighton Pusey held on Friday that the amend­ments to the Bail Act were uncon­sti­tu­tion­al and made sev­er­al dec­la­ra­tions. Amendments were made to the Bail Act as the Government strug­gled to deal with the high crime rate and was expect­ed to be in place for one year. The 60-day peri­od in cus­tody was sub­ject to the right of the per­son being held to be brought before the court after sev­en days, and there­after at 14-day inter­vals, at which time the court reviews the ques­tion of whether the per­son should con­tin­ue to be held in cus­tody or bail be con­sid­ered. The pros­e­cu­tion also had the right to appeal against the grant­i­ng of bail.

FORMER JUSTICE Minister Senator A.J. Nicholson, QC, has wel­comed the court’s rul­ing that last year’s amend­ments to the Bail Act were uncon­sti­tu­tion­al. The Supreme Court struck down the amend­ments last Friday. He explained that, as leader of Opposition busi­ness, when the pro­posed leg­is­la­tion came to be debat­ed in the Senate he advised that the People’s National Party (PNP) would not lend sup­port to the amend­ments because the Government min­is­ters who pilot­ed the Bill failed to con­vince them that the amend-ments were not in breach of cer­tain sec­tions of the Chapter on Fundamental Rights in the Constitution.(cour­tesy the jamaica glean­er) It was report­ed then that short­ly before six anti-crime bills were passed on July 9 last year, for­mer res­i­dent mag­is­trate Senator Marlene Malahoo Forte had acknowl­edged that the Interim Bail Act to pro­vide for a 60-day deten­tion of per­sons who com­mit seri­ous gun and drug-relat­ed offences was draconian.

One thing is appar­ent , and that is that both sides of the polit­i­cal divide, play polit­i­cal games with crime when they are in oppo­si­tion, recent state­ments from Delroy Chuch (now Justice Minister) and Peter Bunting from the PNP made them unqual­i­fied to hold any office that has to do with crime and nation­al security.These hacks should nev­er be privy to any­thing that has to do with security.

Unfortunately these are the civil­lian boss­es of the Police force and Military, it’s a damn dis­grace that these morons who dis­parge police and the rule of law from their perch­es on the oppo­si­tion bench­es , when elect­ed pre­tend that they are bas­tions of sup­port for the rule of law. These guys should not even be allowed in to clean the floors of the peo­ple’s house of Parliament.

The Ruling of the Supreme Court in this mat­ter shows a cou­ple of things, .(1) That the Architects of this piece of leg­is­la­tion did not take enough legal coun­sel to ensure that it would pass the Constitutional smell test.(2) That Jamaica’s Judges sim­ply does not get it. Now let me has­ten to say I am not a Lawyer, and I must also add that if the piece of Legislation is Unconstitutional then the learned Judges has a duty to strike it down. Clearly from their actions they believe that it was Unconstitutional as con­sti­tut­ed. This brings us to the meat of the matter:Who were the part­ners with the Government in draft­ing this piece of Legislation? it clear­ly could not be the Opposition Party in Jamaica, clear­ly every­one knows that they will take no action against crim­i­nal­i­ty or Terror , .This left the Government with no grown ups , with whom to debate, a com­po­nent impor­tant in get­ting the best results possible.

The Jamaican pub­lic, clear­ly an opin­ion­at­ed but nonethe­less large­ly uninformed,uneducated pub­lic must under­stand that this forms part of the rea­son the leg­is­la­tion was ruled Unconstitutional. On the oth­er hand it is Interesting to take note as we crow about the fact that our Democracy works, that we must ask our­selves ” work for whom” Does this Ruling work for the almost two Thousand peo­ple whom are slaugh­tered each year?. Does it work for the Hundreds of chil­dren mur­dered.? Does it work for the hun­dreds of women Raped each year? Does it work for the peo­ple liv­ing in the Garrisons whose daugh­ters are being abused by Local thugs ‚who are unable to speak out because of fear of their lives and their prop­er­ty.? Does it work for the peo­ple who are chased out of their homes, their homes razed with fire , or tak­en over by thugs.? Does it work for the Police Officers and sol­diers who toil to remove the ter­ror­ists from the streets only to see them released back onto the streets as soon as they are tak­en in.? Does it work for the silent Jamaicans who are too scared or too pow­er­less to open­ly declare that yes they do sup­port the mea­sures of the Government ‚at least in rec­og­niz­ing that there needs to be tough new, appro­pri­ate Legislation enact­ed that have com­men­su­rate penal­ty for the crimes being com­mit­ted. When we remove all of the afore­men­tioned from the equa­tion , just who should be proud of the Supreme Court’s Ruling? Is it the Elitists that reside in the Mansions above Cross Roads,or the Criminals that lit­er­al­ly run the streets ?.

Either way this is real­ly no great vic­to­ry for dea­cent Jamaican people.!!!!

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THE MAD LIBERAL AGENDA OF JAMAICA’S COURTS:

THE MAD LIBERAL AGENDA OF JAMAICA’S COURTS.

THE SUPREME Court yes­ter­day struck down con­tro­ver­sial amend­ments to the Bail Act. The amend­ments allowed for per­sons charged with seri­ous offences to be dis­qual­i­fied for bail for a max­i­mum of 60 days.Supreme Court judges Horace March, Patrick Brooks, and Leighton Pusey heard the motion and grant­ed dec­la­ra­tions that the amend­ments were uncon­sti­tu­tion­al and void.

The fore­gone was the lead para­graph in a the Jamaica Gleaner sto­ry regard­ing Jamaica’s Supreme Court Ruling strik­ing down the Government’s amend­ment to the Bail Act.

Attorneys-at-law Norman Godfrey and Marcus Greenwood, who rep­re­sent­ed two per­sons who were being detained under the Bail Act, took the issue to the Supreme Court in May. They argued that the amend­ments were uncon­sti­tu­tion­al, inhu­mane, and inter­fered with the judge’s dis­cre­tion to grant bail for cer­tain offences, includ­ing mur­der. They also argued that the amend­ments removed a cit­i­zen’s fun­da­men­tal right to bail.(glean­er quote)

The Government, in an attempt to curb the high crime rate, had amend­ed the Bail Act in July last year for one year. The act was extend­ed recently.(gleaner quote)

The Supreme court has a right to rule on the Constitutionality and the Un-con­sti­tu­tion­al­i­ty of any law, .
The Parliament, the peo­ple’s rep­re­sen­ta­tives, have a right to make new laws, alter or repeal old, use­less ‚or archa­ic ones ‚and even amend the Constitution.
Those who pre­tend that the peo­ple’s rep­re­sen­ta­tives have no busi­ness inter­fer­ing with laws sim­ply do not under­stand how the sys­tem works , or are disin­gen­u­ous , with acts to grind (enter the tri­al lawyers).
If stronger mea­sures are required to ensure good order ‚then what is need­ed is an amend­ment to the out­dat­ed con­sti­tu­tion, or throw it out all togeth­er, my vote is for the latter.
Over the years the Jamaican Courts have stead­fast­ly refused to keep pace with the rest of the world in the way seri­ous crimes are addressed,the Courts which takes it’s cue from England clear­ly has missed the boat on how to deal with crim­i­nals and terrorists.
Listed here I will show a few cas­es of total mad­ness by Jamaica’s learned Judges , you be the Judge, (no pun intended)

(1) 04/​21/​2010Jamaica Star: Judge grant­ed bail to 6 men who alleged­ly beat a mar­ried cou­ple who were engaged in inti­ma­cy in the pri­va­cy of their own home.The scums alleged­ly accused the cou­ple of freaky sex,then report­ed­ly beat both hus­band and wife with bats, after which they com­menced to gang rape the woman, report­ed­ly doing the same thing the man was doing to his wife in a con­sen­su­al manner,They report­ed­ly then put a gun to her head and forced her to per­form oral sex on all of them.She report­ed­ly passed out.all six were grant­ed bail in the sum of J$300,000.
Presiding Judge MARCIA DUNBAR-GREEN
(2) 04/​21/​2010 Star : Judge pur­port­ed­ly tells Police Officer to col­lect state­ment from inmate Oniel Fraser,The inmate, Oneil Fraser, charged with wound­ing with intent, told the court that he was being abused by the police offi­cers at the Kingston Central jail and that an Inspector stabbed at him with a knife,Superintendent Cornel Messam of the Kingston Central Police Station told THE STAR that he was aware of the accu­sa­tions made by the inmate. However, he men­tioned that the senior offi­cer was wrong­ful­ly accused.

“I am aware of the mat­ter, how­ev­er, the inmate is not being truth­ful about the mat­ter,” said Messam.According to the senior offi­cer, Fraser has been involved in a num­ber of inci­dents at the facil­i­ty since his trans­fer from the Half-Way Tree lock-up. Messam added that such a claim is impos­si­ble, since weapons are strict­ly pro­hib­it­ed from enter­ing the lock-ups,
“I know that inmate, he is a trou­ble­mak­er that was trans­ferred from the Half-Way Tree lock-up … Such alle­ga­tions are impos­si­ble because knives and guns are not car­ried into jail,” said the senior officer.

Fraser was sen­tenced to three months in prison last week for using a pad­lock to cause injury to an inmate.

The police said that the mat­ter is being investigated.
Resident Magistrate Georgiana Fraser was very con­cerned about this accu­sa­tion and imme­di­ate­ly asked that a police offi­cer take a state­ment from the inmate and ensure that it is report­ed to the Complaints Division.

(3) Friday July 16th 2010 Activist Judge Judith Pusey grant­ed bail to a 51 yr old moth­er, and her 15-year-old daugh­ter, in the sum of J$150,00, and J$50,000 respectively,the equiv­a­lent of US1’685.00, and US$561.00 , both women were charged with blud­geon­ing to death the 55 yr old father and boyfriend of both accused,nothing more to be said here this is unimag­in­able this is what life is worth in Jamaica the price of a park­ing ticket.

(4) cor­po­rate area Court:A judge releas­es two men with sus­pend­ed sen­tences of one year , after they con­fessed to putting a bul­let through the back of a taxi dri­ver whom they robbed so they could have mon­ey for new sneak­ers and jack­ets to wear to the dance the night of the killing, the deceased left a wife and three chil­dren with­out any form of finan­cial support.
The Judges com­ment on releas­ing them ? I don’t want you men to become more hard­ened crim­i­nals by send­ing you to prison.
My ques­tion is, how much more hard­ened can one become beyond being an armed rob­ber and a murderer? .
If I was to haz­ard a guess I would say this is not the first crim­i­nal act they had com­mit­ted, nor the first life they had taken.

This par­tic­u­lar case has left me stunned beyond words.

The cas­es of Judaical abuse and absolute­ly insan­i­ty are too many to men­tion , but now here in this forum we will be hold­ing their feet to the fire, we will be call­ing them out. and we will not be deterred,

Have your say.

Mike beck­les: