… For purposes of trafficking
Greetings! Sure, my regulars will easily detect that I’m recycling thoughts on this issue today, even as my own record of these columns indicate that I essay comments along these lines at least once per year.
Why? Because I’m continually perplexed by our system of justice which seems handcuffed to an inherited English Common Law. So, institutionalized Case Law, Precedents, Tenets and tradition direct our magistrates and judges to think and decide in a certain manner, after deliberating on the (hopefully-competent) efforts of Counsel for both sides in Court.
Up front here let me concede that I am an obvious layman uninformed in the technicalities, the virtual mysteries of the law. I however consider myself reasonably and basically intelligent enough to be bothered by some applications of the law and their obviously-negative consequences for both victims and Guyanese society at large.
Additionally, within a context, I can claim the following: to understand why laws should govern a society’s behaviour; to hope that the applicable laws are reasonable and relevant to the current national/societal circumstances – do we in Guyana benefit from reviews, reforms, updates of certain statutes from keen draughtsmen and an enlightened Parliament? And I can also claim to be among many who have cause to bemoan lack of successful prosecution and the frequent acquittals of the obviously guilty.
How the guilty walk free
Even concerned laymen like me soon come to realize that guilt – or innocence – must be proven in court.
Our system, I gather, lays the onus on the prosecution being able to secure a conviction based on evidence (and witnesses, if any) presented in court. Since “the law” is there to protect all – accused and victim – a prosecutor has to prove/convince magistrate/judge and/or jury, in court, that a fellow ravaged then killed a teenager, even though two or three credible witnesses actually saw the heinous crimes close up! After all, the “law” is supposed to credit an accused any benefit of any “doubt” which may surface in court.
I’m aware that learned legal minds would be hard put to appreciate why I – – and a few other thousands – – think that laws are stacked in favour of accused criminals. Especially in the hands of wily, experienced defence counsel!
Over many years I’ve recorded samplings why even the guilty are set free: all related to poor prosecution; long delays to present cases, missing evidence, reluctant witnesses (even though the latter could be compelled to appear); non-direction or mis-direction on technical issues from judge to jury; biased or bought-out jury members; “material non-direction”; lack of “judicial captaincy” by a trial judge; reasonable proof of too much force, self-defence or even premeditated intent to commit the crime.
I understand as laws are developed, enacted and enforced, they constitute the “bedrock” of our justice system. (Especially if we can secure the best lawyers). Never-the-less, I just know too many are guilty even when found “innocent” by our courts.
What-is-to-be-done is better addressed by our concerned legal and judicial minds – aided by an enlightened Parliament.
Perplexed…
Meanwhile, I continued to be perplexed, kerfuffled some time ago – and still – when our late Police Commissioner/Attorney at-Law succeeded in getting our over-worked Chief Justice to restrain the Director of Public Prosecutions from even recommending criminal charges against him (the Commissioner).
And when a prominent defendant filed a constitutional motion to stop prosecution against him (for “high” fraud) because of years-long delay in bringing his case to court.
Poor me. I surrender to legal judgment about proving an issue in courts. But this I know: the suspect might be accused of allegedly stabbing my friend to death. But my friend is not allegedly dead. He is dead! Dead as a door-nail! Discuss…
Possession, trafficking…
This another brief comment really meant to evoke your responses to the issue of (1) the local prevalence of marijuana cultivation and possession and (2) how those who break the related laws should be penalized.
As I become aware both of the fact that some societies are grappling with the legal use of Cannabis Sativa/Marijuana for both medicinal and/or recreational purposes and how destructive that narcotic could be when abused by youth, I still contemplate Guyana’s reality.
The charges daily are usually possession of marijuana, then for purposes of trafficking, meaning, to conduct business deals and transactions using the still illegal product.
I suggest this: the authorities should go to our jails, after changing laws appropriately; select the hundreds convicted and let them do farming or public construction work along with rehabilitation sessions. Lighten up the jails. Discuss…
Ponder…
*1) Ever watched ‘Emerging Voices”? It’s the Indo-Guyanese TV song competition wherein young Guyanese “Indians” take immense care and pride to sing old and current songs out of India. Professionalism is pursued! There is loving mentoring and training. Dr Vindya Persaud inspires the Hindi presentations – as India Heritage nurtures a Guyanese heritage (??)
*2) List three reasons a Death Row Convict seeks parole.
*3) Two more assignments for our young journalists: (1) Investigate our Private Security Services – how they treat their females, their working conditions and (2) Profile the Family Court, the Constitutional Court and the Commercial Court. Any municipal court?
‘Til next week!
(Comments? allanafenty@yahoo.com)
