Clear cases backlog, CJ

THE EDITOR: Open letter to the Chief Justice.

When one becomes cognisant that he has been exploited or maligned in any manner, there would often be an immediate stimulation of his thirst for justice.

Justice in its broadest sense has been defined as the principle that people receive what they deserve. It has also been portrayed as the practice of giving people what is their due. However, in this beautiful twin-island state, this inalienable right to equity and fair play appears to be exclusively for the rich and affluent.

The sentiment of William E Gladstone, former British statesman and prime minister in the late 1800s, has been, “Justice delayed is justice denied.”

Long and protracted delays in the commencement of criminal matters in our courts negatively affect complainants in their pursuit of impartial and fair delivery of judgments, particularly judgments in the form of compensation for physical and other injuries.

Unreasonably long court trail delays result in a host of intolerable impediments for the complainant.

1. Complainants can forget incriminating and valuable details in their matters.

2. They can fail to identify the defendant when the case is called.

3. They can be lured into “taking the law into their own hands.”

4. There is high probability of the complainant sadly passing with an age-related illness.

It is undesirable, unquestionable and most authentic that in TT the wheels of justice revolve much too slowly. In this era of technological advancement, it is inconceivable and highly unacceptable for nationals to be languishing in our remand facility for 14 years and over with no determination of their matters in sight.

Sources have described the remand facility as a model training institution for criminals and a fertile crime hatchery. Credible sources have revealed that one can be committed for a misdemeanour and due to contamination he can be discharged as an unassuming monster several years later.

Substantially reducing the institutions' total by way of speedy court trials and sentencing where rehabilitation of convicted prisoners would commence is the most productive and beneficial channel which should be currently persued. This drive would not only modify the institutions' noxious image but create a lull in crimes such as armed robberies and robbery/murders.

The most ecstatic moment in the life of a remanded inmate is receiving news from a reliable source that someone is feverishly making arrangements for him to be released on bail.

Inmates with criminogenic inclinations are occasionally bailed by a person unknown to them. This feat is carried out in order to undertake a dangerous and lethal mission for which no one else may be endowed with the bravery and skill to execute.

Various anti-crime initiatives were employed by the present and past governments. This country hired two foreign top cops with the aim of benefitting from their crime-fighting expertise. There were also changes of national security ministers. All those endeavours failed ridiculously to make a dent in the crime crisis.

The efficacy of swift justice has never been evaluated as a deterrent for murder and serious offences. Despite the fact that harsh sentences do send a message to criminals, such a message is robbed of its intent and fire due to the timespan between the arrest by police and the passing of sentence by the courts, usually ten to 14. Swift justice as an effective deterrent is usually disregarded.

I appeal to you Mr Chief Justice to refrain from following the path of your predecessors as “passing the buck” is unproductive. We are aware of the high volume of work and the wide range of responsibilities associated with your office, but we still need to urge you to devote some time, using the available technology, to clear that backlog of untried cases. Such patriotic demonstration would indeed be your proud legacy.

Maintaining low numbers at our remand prison while simultaneously accelerating the rehabilitation process of convicted prisoners would significantly decrease murders and redound to a safer TT as a high percentage of that offence is fuelled by remanded inmates.

Much compassion and love should be manifested to our citizens in penal institutions. The fathers of the young men who had not been a part of their lives should now avail themselves and display some degree of benevolence and humanity towards the young men. They must be assured by those whom they love that they are not alone in their crisis hour.

Relatives and friends should seek to remove all doubts and scepticism from their minds that because of their fall the God of Heaven would not hear their prayers and see their tears of repentance and duly illuminate their path. They must be entreated to draw strength from the Latin quotation, “
at spes non fracta” (all is not lost).

DAVID O’NEAL

via e-mail