-How they go free
-What? Jhandi Flags in Bridgetown?
You – and my editor must believe me. As I started to write this, I began feeling that I had done it before. I was, I am not being lazy. But sure enough, I searched my pile of clippings – I’m so sad that I’m not computer – friendly, yet – and there it was. I addressed and expressed these thoughts under the same heading as my lead caption, last December.
I feel so strongly on the issue of accused persons being acquitted not because they were not guilty as charged, but because poor prosecution, aided and abetted by paid-off witnesses, lost documents, perjury and other prosecutorial blunders cause the magistrates and judges to set accused free. According to our system, we decided that that is “Justice”.
The development which constrained me to repeat these views was, of course, the recent acquittal of Ashanti “Blondie” Shultz on a charge of murder. Up front, I must say that, strictly as an intelligent layman, the learned judge had a most persuasive right to free the young-lady night-clubber. Even though not at all legal-minded, I had wondered why the original charge was not manslaughter. After all whoever did fire the shots certainly was not aiming for poor porter Mr. Kenrick Nero. He was just at the wrong place – for the fatal bullet to stop. He is not allegedly dead. He is really dead! Even if it was accidental and not meant for him his “alleged” killer is somewhere very much alive. Poor Dead Mr. Nero!
How they go free…
The trial judge in that case, Mr. Justice Ramlal was livid in his condemnation of the preparation and presentation of the state’s case especially at the preliminary level and then the alleged perjury-filled mouthings of police witnesses in his court.
His findings again highlighted how even very guilty persons go free. Or “get-off” as local folks like to say.
Among his remarks: “…how the charge was laid against the accused when there was no evidence pointing to her (?)”; “The Prosecutor in the Magistrates Court misled the magistrate”; “this case clearly shows the recklessness and negligence of the Office of the Director of Public Prosecution”. He also chided the force’s police for the “poor quality of investigative work done” and veered towards recommending that two policemen be charged for perjury (lying under oath).
Whilst the man in the street wondered whether the policemen were that bold-faced or whether something else influenced them, I could only recall what I wrote some months ago, on the issue of too many accused walking out of the courts with knowing smiles.
Walking free because…
Legal reasons abound for reasonably good cases and poorly – prosecuted ones falling apart. This is what I discovered and recorded many, many years ago.
“Consider the high incidence of guilty accused happily falling through our justice system because of prosecutorial deficiencies or what the law allows judges and magistrates to decide. In short, a few examples of how the obviously guilty go free.
“An attorney, weeks ago, questioned the composition and system of juries, a letter writer to the press raised again the strategies of prominent ‘flamboyant and influential lawyers’ vis-a-vis hard evidence presented; scheduling of cases and the long delays in delivering written judgments. Often, cases are dismissed because ‘not enough evidence to convict’ was offered to the court. A few days ago charges of causing grievous bodily harm were dismissed because the police witnesses differed materially from one another’.
“Just recently a judge invoked certain sections of the Criminal Law Procedure Act to rule in favour of the defence because of ‘unreasonable delay’. The section provides for proceedings of that nature to be stayed when the delay is due to inability of the prosecution to make witnesses available.
“Often, charges are withdrawn when witnesses are out of the jurisdiction, unavailable, or files and evidence go missing.
“Three weeks ago the Guyana Court of Appeal freed a manslaughter convict because it found that the judge’s summing up lacked ‘judicial captaincy’. The expert defence advocated got the highest court to agree on many shortcomings in the trial judge’s summing up including ‘material non-direction’, lack of directions regarding a witness’ ‘interest to serve’ and guidance not given with respect to self-defence regardless of the force used.
All that seeming rigmarole, I’m told, is the bedrock of our “justice system”. Ironically, those aspects of the bundles of law developed so that “innocent persons” would not be convicted. All it means to poor me is that the prosecutors need to do so much more than proving that a guilty person broke the law. That’s our Western (Roman/Dutch/British) inherited system for you.
Meanwhile – poor dead Mr. Nero. His people get no court-imposed “justice”.
Jhandi flags in Bridgetown?
My final remarks on this issue for now. Our people in Barbados and elsewhere in other lands.
So, unlike me, those Guyanese fleeing to the people’s land, have not studied Article 45 of the Revised Treaty; they are not certain about the categories of skilled workers or the consequent Contingent Rights of family members who might be allowed to settle in member states of the so-called “Single-Market” they just want any welcome to re-settle wherever they discover is a greener pasture than their own Greenland of Guyana.
But the islands have their problems too. Antigua is asking for time to accept all or any types. Belize too needs to do a Socio-Economic Impact Study before accepting any hundreds. Barbados will implement a Managed Migration Programme. (When I told Clive that Antigua says most of its inhabitants were not born in Antigua, Clive says that’s because “born” Antiguans are themselves migrating!)
Do you really believe that The Bahamas or Cayman Islands will accept hundreds of Guyanese without certain skills? And do you know that in the British Virgin Islands, employers still advertise for “Belongers Only”? It’s bound to become complex, despite Articles and clauses in Agreements. Owen Arthur said right here, he had to listen to his constituency first; then contemplate how to deal with the needy regional immigrants.
When I walk around Richmond Hill and Ozone Park in Queens, New York, I see the telltale Hindu Jhandi flags of praise and thanks. Indo–Guyanese have planted roots here, those flags proclaim. Well, it’s not yet ethnic cleansing, but I am betting that home-grown Barbadians and their current government do not wish to see those flags and images around Bridgetown, or elsewhere in Bimshire, just yet! It’s more cultural than racial right now. And what will their tourists think? No! No flags and no “Blue Robin” just yet.
Ponder…
*1) Congrats Guyana Times – on your Sunday feature on Caricom. (Internet or No Internet!)
*2) Postponed: 7 Frauds Gone Silent.
*3) Only $205,922 – $362,627 for a Deputy Solicitor- General here. No wonder they go to Barbados!.
‘Til Next Week!
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