Frankly Speaking… By A.A. Fenty
Or Very Poor Prosecution
I know I’ve explored this theme, this vexed issue before. From my layman’s perspective. I mean how the judicial system allows – or is obliged to let – obviously guilty accused walk out of courtrooms as “free” suspects (actually, “suspects” no more.)
There are occasions when the prosecution – specially chosen prosecutors or trained police prosecutors – are forced to drop the charges and cases made out against accused persons either before the trial even gets started or very early in the proceedings. Also, trials are aborted for various reasons, although they are well underway.
Even though not at all a legal “mind” myself, I discern many of the reasons for these non-starts or stoppages from some detailed newspaper reports when written by experienced or veteran Court Reporters.
In Guyana we seemed bound by the tenets, precedents and traditions of the Common Law of England. I often wonder how significant is the body of law fashioned by our own jurisprudence, if any. Parliamentary legislation landed down here does not seem to offer our Courts and practitioners room to be innovative or “local”. The precedents, the Case Law, the old statutes seem to prevail, in favour of (guilty) suspects. But then remember, I am, after all, a layman.
However, as a reasonably matured citizen I do have a right to be concerned over the reported frequency of cases dropped for want of prosecution – or because of poor, inadequate prosecution.
Rape, Robbery, Postponements…
We read about them so often; solid cases against rapists are compromised because the virtual complainants, the poor female victims are made to report that “they no longer wish to proceed with the matter.” Whether High-Society Rogue or low-life predator, the accused laughs at police and prosecutor as he pays or otherwise intimidates his way out of the justice system and walks “free”.
My layman’s regret, of course, is that there are not many ways whereby the police can persevere despite the victim’s reluctance to proceed with testimony and evidence against the accused. Our system of justice seems to be handcuffed by the legal traditions inherited. My limited reading reveals that such “luxuries” are not allowed in certain jurisdictions in faraway Asian and Arab societies. Oh, for some of that here!
Obviously guilty accused offer to repay victims – whether victims are young ladies, businessmen or banks. We can debate the practice, can’t we? A trial, with its bother and postponements, can waste weeks of precious time needed for “positive” activities. So accept the compensation or repayment and hope that the culprits are now changed (loving) persons. Settlement of many disputes need not take place in Courts of Law, we are advised.
On the other hand, Frankly Speaking, to me it is a reflection of today’s sad society when abused, violated young women have to opt for the dollars, preventing their violators from getting appropriate punishment; if a prominent accused can escape trial because of his position and ability to hush those he wronged. The wider context of a rotting, corrupt State provides the environment for a drunk driver to kill a young man with his fancy vehicle and to pay “compensation” for the life taken. No judicial punishment necessary. The law is so silent on those crimes.
The Law says, the Court rules
When I repay my victim, for his property, for his life or her dignity, the “law” can’t proceed against guilty me. The court agrees. Because a case can’t be made without willing witnesses and persuasive evidence. I walk. But has justice been served?
The law expects the prosecution to present witnesses and evidence as the case proceeds against accused persons. The law expects that magistrates and judges know every procedure that allows a fair trial. All legal technicalities, instructions, safeguards must be grasped, offered, covered. Ten guilty men may just go free. But not one innocent man should be convicted! Huh? Oh yes, you can’t undo an execution, for example.
You know, I understand that the Court could actually compel unwilling witnesses to testify against the accused. (Witnesses are “compellable”.) But when a witness is reluctant, or refuses to testify, the penalty is light. How long, it is argued, can you detain an unwilling witness to purge him or herself of that reluctance?
Every year, the US authorities pass judgement on Guyana’s judicial system. I often wonder how fair they are to our judges, as distinct from our police investigators, prosecutors and witnesses. The judges and magistrates are not supposed to respond. (In any case they and their relatives do wish access to the USA too.)
Finally, my wish is for the Director of Public Prosecutions to produce a significant number of competent police prosecutors, for Special Prosecutors to be appointed more frequently, whatever the cost for their skills and prosecutorial expertise. And for the law to be interpreted in a context relevant to the deteriorating state of our society.
Ponder …
I’ve been persuaded to repeat these two items from last week.
1) When an insightful, constructive Stabroek News editorial like this Tuesday’s one (“The police force needs a strong maritime security department”) appears, does it anger or please “the authorities”? More relevant to the security of our villages, I ask this: can’t community groups help nearby police agencies to construct profiles of every village in Guyana?
In reality, our coastal communities are relatively small! In these days of GPS and other computer technology, every nook and cranny of a community could be mapped out for intelligence and retrieval exercises. Suspect, derelict and dangerous spots, getaway routes out of a village are easily identifiable. All relevant police stations and investigators should have such “maps”. Both for pre-emptive strikes and hot-pursuit necessities. Agreed?
2)Guyana’s Image?
I see Robin Williams exploring this sensitive theme. Our national image, in physical, ethnic “appearance” terms, can really tend to be one-sided, one-dimensional and dubiously exclusive.
The Heads of Local Boards, Associations, Ministries, the Permanent Secretaries, the Contractors, the CEO’s – most look like Indo- Me!
Who are our Ambassadors/High Commissioners to Brazil, Venezuela, USA, UK, Canada, India, Suriname and Cuba!?
Proportionality? Discuss!
3) What are the ramifications for us being able to conduct DNA Testing right in Guyana?
4) Good point to ponder: The GTU represents the country’s teachers. Many teachers are parents of young girls. Teachers teach young boys – – and girls …
‘Til next week!
Comments? allanafenty@yahoo.com
