Velma Hylton, Q.C.
(In a letter to the Editor)
THE LATE Senior Puisne Judge His Lordship Mr. Justice Uriah Parnell often said, "there is no property in a witness" and this simply means that Counsel for the Defence or Counsel for the Prosecution may seek to speak to or interview a witness for the 'other' side so long as he only seeks to get the full story but does not by any means seek to influence the witness for the 'other' side or to get him to change his evidence to be given in any way. Mr. Justice Parnell's oft repeated comment is both good sense and good law.
In late November, 2002, I was briefed to defend an Accused and I received absolutely credible information that a serving Police Officer had information that was indisputably in a favour of my client ... which information if true...as I believe it to be beyond the shadow of any possible doubt...would prove my client's absolute innocence ...not just cast doubt on the Prosecution's case...and so I wrote to the Commanding Officer of the Police Officer in question seeking his permission to interview the Officer. [I could proceed to interview the Officer if he was willing to speak to me or my investigator but I wrote to the Commanding Officer out of an abundance of caution and to be absolutely above board...such is my belief in the total innocence of my client].
I caused the letter to be hand-delivered and then checked to satisfy myself that it was indeed delivered and received and it was...I waited and received no response. I had copied the request to my investigator and he too checked...He was eventually referred to the Deputy Commanding Officer who I am informed and absolutely believe advised my investigator that in his opinion such authority to interview a serving Police Officer should come from the Commissioner of Police and no one junior to him.
Accordingly I wrote to the Commissioner of Police on December 17, 2002, and sent it by fax.
I received absolutely no response from the Commissioner of Police and so on January 8, 2003, very early in the morning...before 6:00 a.m...I faxed a reminder to the Commissioner of Police...to date not one single solitary word have I received in reply.
The vast majority of Jamaicans are absolutely law-abiding citizens and many of us would wish to aid the Security Forces in maintaining Law and Order...but as is said in the country parts...one hand can't clap and so if the Security Forces and in particular the Police wish to get the assistance of law-abiding citizens in fighting the twin demons of crime and violence which threaten to consume us then the Police have to be prepared to be fair and do what is right when a legitimate request is made.
I know that I may be told that from the December 17, 2002 to January 8, 2003 is a short time and I would agree but it is an eternity to one who knows that he is innocent and yet is continued in totally unacceptable conditions because all that interest the police is that someone has been arrested whether he be guilty or not.
Is it any wonder that the Commanding Officer of the Crime Management Unit gets the response that he does from the common people such as us in the parish of Manchester and almost every other parish that he goes in the maintenance of Law and Order...he is open and approachable and does not think himself above answering questions or commenting even without being asked... Therefore I too felt safer when I passed him and the men under his command on the streets of Mandeville in the early night of January 8, 2003, even though I have not spoken to or with him since he left the witness box at the Commission of Enquiry [others could take a leaf out of his book or let him lecture to them as to how a servant of the people treats with law-abiding people].
The one bright star in all this is that [some] Judges [and I refer to both Judges of the Lower and Higher Courts] still hold true to their training and calling that...an Accused is presumed to be innocent until [and unless] the Prosecution by credible evidence proves otherwise...if this were not so... dawg would have eaten our collective supper on a tall hog sty.
