From left, Scott and Samuels-Brown

Daraine Luton, Sunday Gleaner Reporter

THE LOCAL justice system has been fraught with adjournments and delays that have worked in favour of defendants and their attorneys.

According to attorney-at-law Walter Scott, who has served both as prosecutor and defence lawyer in criminal matters, witnesses are cross-examined with several objectives in mind. One very important objective is to discredit them through contradiction or with things they may have forgotten.

"In essence, what you have is a memory test ... I don't need to say more," Scott said, while adding "... I don't think people will come out and openly admit that, but it has always been an ally if people are honest."

Delay is harmful

But his colleague, Jacqueline Samuels-Brown, countered that delay was harmful to clients. She said that it was the prosecution that normally requested, and got, adjournments, which caused systemic backlogs.

Both attorneys were guests recently at the Gleaner Editors' Forum held at the company's North Street headquarters.

Scott, a civil attorney, said that some procedures which apply in the civil court should be applied to the criminal court. He said that witnesses in criminal cases do not have the benefit of witness statements as in civil cases.

However, Samuels-Brown said that most accused want their cases to be disposed of quickly and thus, do not benefit from delays. "Most people want their cases tried, they want their day in court," Samuels-Brown told the forum.

Delays in the justice system have been blamed for the huge backlog of cases in the Resident Magistrate's and Supreme courts. The Jamaica Labour Party (JLP) 2007 election manifesto said that the current backlog of cases numbered over 400,000.

PM's ideal

Prime Minister Bruce Golding has enunciated his ideal for the justice system in a one-three-six approach.

"When a crime is committed, the persons committing that crime must be found, arrested and charged within one month - within a few hours if possible, a few days if necessary. Within three months, the trial of that person must commence and within six months, he must be either sentenced or acquitted," Golding said in 2005.

In refusing to place the blame for delays at the feet of defence attorneys, Samuels-Brown has argued that reliance on anecdotal evidence has not helped ease the gridlock. She has called for a study to determine the causes of delays within the justice system.

Samuels-Brown has pointed fingers at prosecutors as being the chief contributors to pile-ups in the courts.

Adjournments

"I have no doubt that the courts are much more indulgent of the prosecution needing adjournments and granting them," Samuels-Brown said. "In fact, it is a given that if the prosecution wants an adjournment, it gets it, and it is in the very rare case that it doesn't happen."

Director of Public Prosecutions (DPP) Paula Llewellyn told The Sunday Gleaner: "There is an almost entrenched culture of delay among some defence counsel. It has been a part of the defence armour." The DPP added that the ploy had a ripple effect in frustrating witnesses, causing cases to collapse.

daraine.luton@gleanerjm.com