No justice

THE POLITICIANS may feign indignation and cite sinister developments, but no one should be surprised by the award of damages to those once accused of the murder of Vindra Naipaul-Coolman.

The award of nearly $20 million might be the largest in history, but it is not the first time the State has been asked to pay due to its failure to file a defence on time.

Last May, for instance, the State lost a malicious prosecution lawsuit brought by Inshan Ishmael after it failed to file due to what one lawyer described as an “administrative mishap.” That mishap cost $310,000 in damages.

Nor is it the case that lawsuits against the State are lost only due to the failure to file a defence.

While the State filed a defence in a malicious prosecution lawsuit brought by Nigerian national Kennedy Nna Leckwachi, it failed to present any witnesses and statements.

Anyone familiar with our magistrates’ courts will also be aware that it is common for cases to be thrown out because of the failure of police to present a file or appear.

That is exactly what happened to Franklyn Ali who was last year awarded about $300,000 in a malicious prosecution as a result.

There is a problem, not only at the Office of the Attorney General, but also in the length and breadth of the criminal justice system, from the police to the overwhelmed Office of the Director of Public Prosecutions.

If the current prime minister and former prime minister are upset and disturbed, they must have their heads in the sand.

Worse, both the Government and the Opposition have adopted positions in this matter that make them vulnerable to allegations that they are playing fast and loose with the presumption of innocence, a right once sacrosanct.

Ironically, if we really want someone to blame for the current situation in which administrative delays and mishaps are costing citizens, Dr Rowley and Ms Persad-Bissessar should look not only to those who served as Attorney General, but also themselves.

It is the failure of our leaders to reform the public service and the criminal justice system that has resulted in a situation in which deadlines are missed and cases are lost regardless of the merits.

Attorney General Reginald Armour, SC, on Wednesday suggested something “sinister” resulted in the case file disappearing for years. If this proves, after investigation, to be true, it is testimony to a vulnerable system that allowed it to.

What should disturb us about Monday’s ruling is the fact that it has shown yet again how warped our criminal justice system is. It is a system in which no party – the victims, the accused, the public – is ever really served justice.