Last week in the Montego Bay Resident Magistrate's Court, Detective Constable Carey Lyn-Sue confessed he had fabricated evidence in an April 2006 murder case in which 20-year-old Jason James was charged. Lyn-Sue was, at the time, attached to the Area One Accident Reconstruction and Investigative Unit. Immediately following his disclosure, Police Commissioner Rear Admiral Hardley Lewin suspended him from duty. The following are more responses to the confession of Detective Constable Lyn-Sue.

John Leiba, President, Jamaican Bar Association:

Leiba

Members of the legal profession have for sometime been expressing concern about cases in which it has been revealed that the provisions of the Evidence Act, which allow statements to be used against accused persons without the makers being called as witnesses were being abused.

Recently, the President of the Advocates Assoc-iation, George Soutar, disclosed that several such cases had been brought to his attention. The Bar Council, therefore, considers that it is fortunate that Detective Constable Lyn-Sue has had the courage to confess to the fabrication of evidence in this way, because this has at last focused official and public attention on the risks which are present in this procedure.

The admission of statements without the calling of the witnesses contravenes one of the most important principles of our system of criminal justice, namely, that the accuser should confront the accused and an opportunity given to the person on trial to cross-examine the persons who give evidence against him. When a statement is admitted on the important factual issues in a case, in the absence of the maker, the practical effect is that the burden of proof is placed on the accused and not on the prosecution.

The Bar Council appreciates that there are cases in which witnesses have been killed or intimidated and there is a need to develop strategies to deal with this problem. However, the conviction of persons on the basis of a facile admission of written statements should be discouraged.

The Bar Council, therefore, recommends the following reforms:

(1) The Evidence Act should be amended so that written statements by absent witnesses cannot itself constitute proof of the guilt of an accused person, but must be supported by some other independent evidence.

(2) Efforts should be made to use video-taping in the taking of statements so as to produce a more reliable record of the source of such statements.

(3) A practice should be developed of having an independent witness present during the taking of critical statements.

(4) Where witnesses are at risk, apart from the strengthening of the Witness Protection Programme, systems should be developed for such persons to give evidence by audio-visual electronic means.

George Soutar, attorney-at-law and President of the Advocates Association of Jamaica:

Soutar

For a long time, the Advocates Association of Jamaica has spoken about the existence of fictitious witnesses. Because it has been revealed in the way it has, we feel that the Government will ensure that the problem is addressed by legislative measures.

Perhaps the confession of the constable in Montego Bay might prompt others who are aware of similar situations to come forward, even at this stage.

Howard Hamilton, Q.C., former Public Defender:

Hamilton

My view is that the action of those members of the force calling Detective Constable Lyn-Sue a traitor is even worse than what Lyn-Sue did.

They are failing to appreciate the effect of what his conscience dictated. Lyn-Sue does not fit the mould of an informer. He is not an informer and he was not informing on anybody but himself.

He must be punished, but he should not be removed from the force. He should remain as a constant reminder to other members of the force as to what should be the standard.

Valerie Neita-Robertson, Attorney-at-law:

Neita-Robertson

The manufacturing of evidence as indicated in the confession of Detective Constable Lyn-Sue is nothing unusual to us attorneys-at-law at the criminal bar.

When the proposal to amend the Evidence Act was made we vociferously asked for safeguards because we suspected it was going to be abused. Nobody paid us any mind and now that the cart and the horse have gone through the gate, they are expressing alarm.

I think that police officers should be encouraged to speak the truth. I know there must be some punishment against Constable Lyn-Sue, but I don't think the ultimate sanction, which is dismissal, should be brought because that would send the wrong message.