THE FARQUHARSON Institute of Public Affairs (FIPA) has called on the government to institute an enquiry into the general administration of justice and the performance of the Office of the Director of Public Prosecutions.
"This concern is articulated by public outcry over the high level of violent crime in the country and the apparent breakdown in the judicial and legal services," Mr. Frank Phipps, Q.C., chairman of the Institute, said yesterday in a letter to Prime Minister P.J. Patterson.
"The Farquharson Institute takes this medium to express to you its grave concern about the state of the administration of justice in Jamaica. This concern is articulated by public outcry over the high level of violent crime in the country and the apparent breakdown in the judicial and legal services.
"The Institute notes that delays in the courts have become endemic, often resulting in denial of justice. The ugly internecine struggle and rivalry in the legal services, in some instances under the full glare of public scrutiny, does nothing to inspire confidence in the system. Of immediate and pressing anxiety, is the performance of the office of the Director of Public Prosecutions.
"It is our hope that the unfair treatment of the former principal of Campion College, by those responsible for public prosecutions, will not be ignored nor remain unrequited by your government. The failure of the office of the DPP to take action in clear cases of murder and other instances of culpable homicide serve to deny confidence in that office, tend to bring the administration into disrepute and encourage further criminal conduct especially where the judicial process by a coroner's inquisition has set the proceedings in motion.
"In some instances, where action is taken, it was inappropriate action. The misuse of the power to terminate prosecutions or compromising justice by accepting a plea to a charge that is unwarranted by the evidence. The Institute thinks the public interest requires some explanation for these aberrations in public office, but the DPP has not seen it fit to allay public disquiet by giving account for the actions of his office, which, in at least one case, has found disfavour with the Supreme Court.
"The Farquharson Institute feels the time has come for government to institute an enquiry into the general administration of justice in Jamaica; and especially and immediately to review the performance of the Office of the Director of Public Prosecutions. The Institute recommends that this office should make regular reports to the people's representatives in Parliament; and further, that an independent body be set up to continuously monitor and report on the performance of the office. These actions would be taken on the clear understanding that nothing is done to interfere with the exercise of the DPP's constitutional rights and responsibilities.
The Institute holds fast to the belief, which we are sure is shared by your Government, that it is of the utmost importance to our democracy that there must always be accountability for the conduct of all public officers. To this end we ask for immediate action as recommended, to restore confidence in the administration of justice and, hopefully, stem the flow of criminal activity in our beloved country.
"These concerns are of such great public importance that we consider it necessary to release this letter to the media, in order to assure members of the public that organisations in civil society are willing and prepared to join Government in taking action against our troubles."
