The Parliament of Guyana enacted the Administration of Justice Act, 1978 (AJA) amidst great controversy. One of the most controversial aspects of the act was abolishing the provision that required the consent of an accused person for a summary trial (that is by a magistrate) in so-called hybrid offences (that is those offences that could be tried either summarily or on indictment (that is by jury).
Many organisations, including the Guyana Bar Association were against the act on the footing that the right to a jury trial was sacrosanct and that the AJA was a sinister plan by the unpopular Burnham regime to further erode the rights of Guyanese.
Well, the AJA became law and has been in force for the last 32 years. Most lawyers would agree that their fears were not realised and that the justification for the AJA was well founded.
Another much criticised practice of the Burnham era was the appointment of a Special Magistrate to try cases involving fraud against the state. Mr Ramraj Jagnandan was a well-known Special Magistrate.
I am raising the above because I am of the firm view that consideration should be given at the present time for special measures to combat violent crimes.
I have just read about the shooting of a Guyanese Canadian at a popular night spot. This appears to be just another incident in a long list of senseless murders. Our leaders cannot afford to fiddle like Nero while Rome burns. I would suggest the following measures:
1. The appointment of special magistrates to conduct PIs for crimes of violence and terrorism.
2. The appointment of special judges to try cases of violent crimes on indictment.
3. Special arrangements to expedite criminal appeals to the Guyana Court of Appeal and the Caribbean Court of Justice.
4. Constitution of the Committee on the Prerogative of Mercy.
5. Re-activation and maintenance of the Camp Street gallows and retention of hangmen.
6. Prompt executions of those who deserve nothing less.
The public is tired of criminal cases that become dim with age, witnesses who died, migrated or cannot be found, lost case jackets and the plentitude of other excuses.
Yours faithfully,
(Name and address provided)
