Judiciary calls for scientific evidence, more expertise in policing

High Court Master Christine Anne Morris-Alleyne has called for a more scientific approach in evidence gathering by the police, and a broadening in the scope of expertise in the effort to fight against crime and criminality.

Responding to questions from Senator Paul Richards, at the Joint Select Committee on national security, on Wednesday, Morris-Alleyne said the quality of evidence is having a significant effect on the outcome of matters before the courts.

“When you are coming to negotiate a plea and the evidence that you have is scientific evidence then you are in a better position to negotiate an appropriate plea,” she said. “If the evidence that you have is only eyewitness testimony, for want of a better term, it is a bit of a poker game. One of the things that an accused and his lawyers would be thinking about (in that case) would be to hedge his bets.”

In a presentation before the question segment of the JSC, Morris-Alleyne pointed out several shortcomings in the judiciary system when it came to arresting, gathering evidence and charging criminals. Among the shortcomings were over incarceration; the inability of police to keep up with crime; a lack of data-driven processes and insufficient support, prevention and restoration.

“The country’s approach to policing has not advanced as quickly as its crime. It has not been recognised in the police service in its organisational design that in modern policing, people who are called upon or even suited for walking the beat must be involved and play a critical role in crime fighting,” the presentation said.

The Judiciary said the country could not continue to believe that crime fighting expertise should be limited to people coming from within the ranks of the police service. It knocked the police service’s manual operations such as station diaries.

“A belief that data entry is someone else’s job as opposed to a different way of writing, hinder several processes,” the Judiciary said.

Morris-Alleyne said from talks with police agencies in different parts of the world it was recognised that the police placed an importance on support from psychologists, criminologists and well-trained scientists for intelligence and evidence gathering.

“These things are critical,” she said. “There can’t be an adjunct somewhere outside, they have to be part and parcel.”

Morris-Alleyne in sharing numbers of murder cases before the courts, revealed that about 39 people were granted bail for murder since may 2022.

“Since the decision which has made it clear that one can be bailed for murder, it seems to be in the public domain that the judges have been opening the jail doors and allowing everyone charged with murder to walk out.”

The 39 bail approvals were taken from 698 murder cases which went before the courts over the past 13 months.

In July the Privy Council determined that people accused of murder could apply to the High Court for bail – which changes the practice of denying a murder accused bail that has been ongoing since 1917.