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gilly@tstt.net.tt
A
sense of justice
When
the public reads about criminal cases falling by the wayside
or accused people being acquitted because crucial witnesses
for the prosecution are either gunned down or refuse to
testify, it is inevitable that fingers will be pointed at
all arms of the State involved in the administration of
justice.
It is unfair to ask those affected and who cannot be properly
protected by the State to literally let their consciences
be their guides and refrain from all public interaction.
The success of the witness protection programme has been
grossly exaggerated and those who prefer to live in denial
do a grave disservice to people who recognise that more
has to be done in the arena of justice protection.
A fundamental aspect of any successful witness protection
programme is the ability to have court matters heard swiftly
and for protected people to be apprised as to the status
of the matters in which they are expected to appear.
Swift justice is a noble concept which is yet to be attained
in our country and much more has to be done at all levels
if matters are to move expeditiously through the courts.
The legislation is in place, so it is not about passing
more laws; it is actually about doing more to have the infrastructure
and machinery put in place.
Come forward
That the fight against crime seems to be a hopeless battle
is a position that must be changed if the citizenry is to
participate actively in bringing perpetrators to justice.
It is of little consequence to encourage citizens to report
criminal activity and testify as witnesses if the system
offers no protection for their personal safety and that
of their families.
It is the same as chastising family members for attempting
to or actually paying a ransom when a loved one is kidnapped,
when the affected parties feel that the police officers
are ill-equipped to respond in a rapid and efficient manner.
If those in charge could prove to the nation that the machinery
to capture criminals is well-oiled and more than adequately
suited for the purpose, then it would be easier and more
realistic to convince the population that the situation
of escalating crime is being competently addressed.
Enhance justice
The focus must not only be on implementing methods for reducing
crime. Simultaneous and acute attention must be paid to
enhancing our justice system. Justice delayed is justice
denied and with the passage of time it becomes more difficult
to convince witnesses, who by then are understandably frustrated
with the system, to come forward and testify.
We cannot continue to pretend that all is well when the
truth speaks volumes that suggest otherwise.
In no way are aspersions being cast on the personnel who
work in the establishment, for many of them have gone beyond
the call of duty and work in deplorable physical conditions
without compromising the administration of justice.
In many instances there are people involved in various aspects
of public service who, despite unsatisfactory surroundings,
still deliver assistance in a competent and courteous manner.
But a sustained plea is required if we are to upgrade the
system to where it ought to be. As it stands, some have
lost faith in the establishment that is supposed to protect
the rights of the innocent and punish those who violate
fundamental human rights.
No person objects to holding one’s tongue and delaying
a complaint if the objectionable matter is being resolved
but there comes a time when enough has been said and urgent
action has to be taken.
I submit respectfully that this is such a time.
Reports are in
No brief is held for the Minister of National Security but
at least he has admitted, perhaps too candidly, that he
is in dire need of assistance.
After such a public confession, nothing meaningful will
be gained by further admonition of Minister Martin Joseph.
There are far too many crimes being committed and the detection
rate for serious crimes for November has dropped to 17 per
cent. Something is wrong and a rocket scientist is not required
to solve the problems.
The country wants to see results and is quite fed up of
hearing grandiose plans, which are bereft of practical application.
The entire process from reporting a crime to the prosecution
in the court has to be microscopically examined and all
deficiencies immediately rectified.
But it is unfair to suggest that implementing methods to
reduce crime will automatically result in an enhancement
of justice.
The simple point is that while we work on reducing crime,
we must address the enhancement of the criminal justice
system.
Obviously, there will be no significant change overnight,
but the county must be assured that things are being done
and successful results are closer than on the horizon.
Much of the examination is already complete with reports
by experts, who have not only identified the problems but
have also made comprehensive recommendations for improving
the administration of justice.
One report that comes to mind is a document submitted by
the committee chaired by Justice Mark Mohammed which dealt
extensively with the subject of improving the criminal justice
system.
It is now incumbent to quickly formulate the steps to implement
the various recommendations made. It is that process that
always takes far too long.
Justice must prevail
At the risk of tedious repetition, I firmly believe that
in the fight against crime there is no room for politics.
The question should never be asked by those who oppose the
Government: what political advantage can be gained or what
political points can be scored by the approach to be adopted.
It is hypocritical to pretend to act in the national interest
when the overriding concern is to embarrass the Government
without really caring whether the administration will act
appropriately in the circumstances.
There is a place and time for everything and nothing must
be done to reduce crime to a mere political issue when the
county is still recovering from an intense general election
in which the results are final.
No suggestion is being made that there should be inactivity
on the part of those who are not represented in the Parliament
or form the Opposition.
On the contrary, such people and groups must find other
legitimate and effective ways of having their collective
voices heard and their recommendations on this mater of
public importance implemented.
The challenge is to choose the appropriate forum and adopt
the proper manner in which to ventilate the issues and submit
proposals for positive change.
We must all have a sense of justice and, more importantly,
the good sense to know what we must do to ensure that justice
prevails at all times.
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