THE EDITOR, Sir:
OVER THE past two or so years, some celebrated cases such as Agana Barrett, Jason Smith, the Braeton Seven, and most recently, the Kraal trial, have tested the justice system. On the positive side, most persons have identified weaknesses and some commentators, including your newspaper, have suggested ways in which the system can be improved.
It is fair to say that a large section of the population still has confidence in the system, especially trial by jury. Unfortunately, Jamaica is a fractious society divided down political party lines, with tinges of class prejudice, where the feeling is that the poor will get no justice unless a high-profile lawyer can be secured at enormous costs to the individual. One sometimes hears comments to the effect that any crime will go unpunished so long as the right connections are in place and the services of the right lawyer are secured.
There are the political garrisons which are sometimes at each other's throats; lawyers are labelled either People's National Party (PNP) or Jamaica Labour Party (JLP) supporters, and are expected to represent only adherents of their political persuasion. Some of the comments emanating from the Kraal trial are that the majority of defence counsel are PNP and as such the verdict had to be as was the outcome. Fortunately, we have not yet labelled the jurors and the justices as PNP or JLP, and have not yet concluded on a wholesale basis that the outcomes of the average trial will be dependent on which party the defendant supports.
It is, therefore, very important that the major players, Delroy Chuck, A.J. Nicholson, Jamaicans For Justice, the Police Services Commission, the Bar Association, civil society, the Chief Justice et al, move away from blowing hot air and dispassionately examine the flaws and have them rectified as a matter of priority.
Sections of the society already resort to jungle justice and it will not be long from now, if the flaws are not rectified and the perceptions of a biased and flawed system tainted by partisan politics and class prejudice are not removed, that the whole society will resort to jungle justice. Then one of the last bastions of a civilised society which we have so far preserved, even with its flaws, warts and all, would have been lost forever. Then the religious in our midst would say Heaven help us.
I am, etc.,
Dr. HORACE A. WILLIAMS
williebo@cwjamaica.com
Kingston 9
