Dear Editor,
Some years ago I witnessed a dramatization of a poem called “Qui Papa”; here are a few lines.
He could ah tremble a mountain pounding drums, me daddy was strong….
…poor people sweat do mek big pappy gain, poor man always in the rain me daddy was poor, still poor.
I have since over the years seen many a situations that typify those lines above, which seem to be the anointed lot of the ordinary working man, and our courts too have never failed in showcasing their crusade against the poor; though many a judge/magistrate have been bred from this class- “one of the uncountable miseries owing the land”. Editor, I must once again comment on the judgment/penalties given out by some magistrates when dealing with folks from the working class and which in my opinion are in no way commensurable with the act committed; many are warped and upon close examination could even be deemed an infringement of “penalty of limitation”, if such exist. I need to repeat that I have learnt a long time ago that laws are good only in so far as we make progress under them, therefore the dispenser of justice must be mindful about the impact of his/her decisions and whether it serves the best interest of society. But then again what do some of these magistrates care about how productive are their magisterial judgments. Do they ever concern themselves about how the accused and family exist? This could be rather scary and conscience pricking. Do they penalize others of higher and wealthier class in like manner who wrong and take advantage of those always in the rain? Honestly there seems to be a slack screw somewhere with some people sitting in judgment, in too many instances, many times the cost incurred to deal with trifles or better put “the most inconsequential violations”, is ridiculous and plain foolish.
Then there are other cases that boggle your mind eg(a): A man was sentenced to prison after he was caught making a trek through the back door to another country to seek a livelihood to support self/family since it was difficult for him to earn a living in his homeland! His family now survives by any means necessary, (b): Two cousins who tampered with their travel documents in an effort to reach India for a kidney operation that one was donating to the other- a life saving act- doesn’t it this raise the pores on your skin? Yes, but they were caught and penalized! (c) Sojo Nedd, a 24 years old mother of four was sentenced to four years and fined $320,000.00 for being in possession of 400g of marijuana! Tell me to what good do these harsh penalties serve?
Are these magistrates on a late train to honestly correct the ills of society? Do they live life in a dream- in abstract? No wonder poor people cannot afford to abide by the laws made for them.
But what of other senior and learned members of the judiciary, why are they so silent on these absurd decisions? Here I must single out Mr. Cecil Kennard who in the September 9th 2010 Stabroek News under the headline “Some magistrates do not correctly apply the principles governing the granting of bail” wrote: “Bail is to ensure that a person attends his trial and the circumstances of the person charged ought to be taken into account. Granting bail in substantial sum surely amounts to a denial of bail. The principles governing the granting of bail….ought to be discussed at meetings of magistrates… so that they can be reminded of the principles involved”. Frederick Kissoon in his article on this matter also said “one hopes that the magistrate remembers the theory of justice in all those philosophers that she was lectured on in my class”, my take on that? Hell no, that was only for that time and purpose, that’s now over with and done! I maintain that the existing system as designed is to keep members of the lower class, the ordinary man in a perpetual stranglehold. Yet they can seek some comfort in the adage. “Life isn’t fair but it’s still good, the best is yet to come.”
Yours faithfully,
Frank Fyffe
