PUBLIC DEFENDER Howard Hamilton is working to clear public misconceptions about the reach of his jurisdiction, which does not include defending persons charged with offences who cannot afford legal representation.
Mr. Hamilton, who has admitted that the title of Public Defender is misleading, said that the role - which is merely an enlargement of the former office of the Senior Parliamentary Ombudsman - includes investigating all complaints of hardship, injustice, or mal-administration by a Government agency, or Government department, as well as constitutional violations by such.
THE LEGAL AID DEPARTMENT
In a statement issued by the Jamaica Information Service (JIS), Mr. Hamilton said it was the Legal Aid department that deals with defending people charged and not the Public Defender's Office.
"Once the public understands what this office is and whom it defends, namely the victim of either the hardship, the mal-administration, or the Constitutional violations, we have no problems," he said. "Anybody who is a victim at the hands of Government is the person who can come to us for help. We do not defend the offenders who create the offence," he explained.
The office of the Public Defender was established in 2000 when the title of Senior Parliamentary Ombudsman was abolished. It was then that the jurisdiction of the Public Defender was expanded to cover not only what was being done by the Parliamentary Ombudsman (mal-administration, hardship, injustice), but extended to Constitutional violations by a Government department or Government agency.
"We now have the jurisdiction and the authority to investigate complaints of Constitutional violation, and by that extension, we are able to look at human rights issues that involve anybody in Jamaica, not just a Jamaican citizen," Mr. Hamilton said.
COMPLAINTS
He works with a staff of 23 and the service offered by his office is free. Mr. Hamilton said that the greatest number of complaints come from pensioners, with complaints from prisoners running a close second.
"There are others, including persons who have suffered at the hand of institutions, such as hospitals," he said. "We deal with pensions, titles, the National Housing Trust, birth or death certificates..."
The office also deals with complaints from prisoners in custody, complaints against the police, the National Water Commission and the Parish Councils. These complaints may include an illegal garage in a residential area or a church in a residential area that is creating a disturbance and the Parish Council does not act. The office will intervene on the residents' behalf.
According to Mr. Hamilton, his office has maintained a 70 to 80 per cent rate of completed cases. The objective is that all cases should be resolved within six months.
"Sometimes, regretfully, that is exceeded, but if they are simple matters, we dispose of them within a month," he said.
