-The Chief Commander: Chronicle page 3
Hello. As a teacher in my by-gone twenties I had concluded, a little hastily, that our laws and system of justice, especially “criminal” justice, were tilted and lopsided in favour of the criminals.
That’s because since then I would read of numerous failed prosecutions, botched trials and acquittals of accused. By my forties to fifties a more matured me tempered my impatience. For besides studying what a good prosecutor must prepare and competently present, a good articulate attorney-at-law could explain simply, even persuasively, why every criminal and civil piece of law was/is fashioned as it is. Every law, we would be told, is at the service and protection of us all – accused, complainant, related stake-holder. The framers aimed for just adjudication and decisions. Still described as “justice” by and from our Courts of Law.
So a few years into this now 26 year-old column I essayed a few pieces on “Why criminals go free”. In my layman’s style and based on public reports, I listed what magistrates, High Court and Appeal court judges found wrong with prosecutors’ presentations. Results/decisions meant that very guilty accused would be deemed “innocent” and set free. “Proving” guilt was deficient.
The accused benefitted from prosecutorial lapses, missing files, tainted evidence, cases discontinued, even jury malpractice. So many were deemed not guilty although they were not innocent! I use another style to recount some litigation lapses today. Meet Carlee…
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Carlee – criminal and knowledge
The now-usual social scenario produced Carlee: father disappeared; “single-mother-parent”; school-drop-out; bad company of peers from the E.B. Dem. villages; petty thefts and burglaries then first jail sentence at twenty.
In prison young Carlee learnt about criminal networking and “career” gangs; he was made aware of available lawyers for specific crimes and cases. He realized all that he could still do before a trial, whilst out on bail.
Carlee, by age thirty-five and then a hardened career criminal, was schooled – often by two of his regular attorneys – in what the judges could do wrong and sometimes do: non-direction, mis-direction, inadequate direction on issues such as burden of proof or manslaughter or provocation.
All this Carlee digested. He knew that His Excellency, in keeping with our international conventions, does not approve of lawful executions meaning that Carlee realized that however brutal or murderous he was his life was assured – manslaughter, not murder.
Finally, Carlee knew of all of our policing shortcomings from lack of vehicles and equipment to no rape-kits or data-bases. He realised that our unbribable Police Commissioner is stymied with his promised police reform. Not to mention his quota of rogue cops.
So tell me friends and victims, should I retrogress in my thinking? That justice is not for the victim? (I see my granny killed before my eyes but a court must believe me!) I trust your personal security is guaranteed. Like… you know who.
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Government in Business
There are professional ladies who always attract my attention with their commentaries and analyses. Last week I quoted attorney Melinda Janki. Today I’m forced to refer to Ms Isabelle de Caires.
Simply put Ms Isabelle’s Independence Day letter (last May 26) suggested that, based on track-record evidence of politicised failures resulting in wastage of millions, Governments- “The state should retreat from industry…”
Using past and current governments’ interventions into the Sugar Industry, de Caires argues that governments, “With their short-term focus are ill- suited to devise and deliver the long-term, large-scale transformative changes required in any industry”. Weak states such as ours, she advises, should assume roles of “regulator, enabler and watchman.”
When Guyanese tax-payers reflect upon Skeldon, fibre-optic cable, Amaila Falls/Roads, and now airport, harbour bridge, by-pass roads, over passes taking months to be fully functional, one tends to agree with the lady. But wait! The State owns or leases lands full of potential, full of resources. The State hires expert private overseers to supervise, monitor public works on our behalf. Should the government withdraw fully from industry? Commerce? What say you?
Who would you trust with billions to supply us with top-notch highways, athletic tracks and stadia, aquatic facilities, modern ferry boats and a reliable electricity supply??? Banks DIH? DDL? Beharry?
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The Commander, The Chronicle
What’s wrong with some critics? Don’t they accept that provided for by article 89 in our Constitution, His Excellency is the State’s “Supreme Executive Authority and Commander- in- Chief of the Armed Services of the Republic”?
Under the provisions of the latter, the Retired Brigadier is also Minister of Defence. So under various acts he has lots of “authority” to “retool” his army. Do not critics realise that under his total national defence doctrine army and police are busy training to prevent or quell “internal upheavals”? Look!
This past Sunday Chronicle page 3 tells that His Excellency plans to abolish “homelessness” from this land and is confident of re-election after the next General Elections. He is reported to have “quipped”: “’Cause I en lefing fuh juss now!” You-all think that’s some joke? Re-election commeth, by any means necessary!
Oh my! On the same page (below), the Jamaican gentleman who heads the GPL assures us of loans accessed, to end blackouts. Oh my!
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Ponder….
.1) Great move Mr Statia. GRA outreaches to discuss with taxpayers all matters related to tax issues.
.2) Almost vulgar! The constituency-free AFC jockeying for “Coalition positions”- from Chronicle to Prime Minister.
.3) Coming next week: “A new approach to land allocation ownership and use in Guyana”
.4) WHO funds the Political Parties’ Election Campaigns? How? Why? Coming Friday too.
‘ Til next week
