Ken Jones TWO SATURDAY mornings ago the Norman Manley Law School had what must have been one of its finest learning sessions with a panel of instructors versed in the subject matter and a compact audience anxious for solutions to the present state of lawlessness and disorder.
Together, they delved unreservedly into the pool of fundamental problems and emerged with proposals worthy of further study and possible implementation.
The three-hour session organised by the Farquharson Institute featured four distinguished attorneys, knowledgeable in law and concerned about its proper application in the process of Justice for the People.
Few if any will deny the collective wisdom of Sir David Calvert Smith, the recently retired Director of Public Prosecutions for England and Wales; Glen Andrade, who served as Jamaica's DPP for 11 years; Richard Small, whose professional practice extends to voluntary advocacy in matters of civil rights; and the scholarly Maurice Tenn, a former Member of Parliament.
ENLIGHTENED INSIGHT
The subject matter was of vital importance and entrance to the lecture hall was free of charge. But while the audience included several noted civil rights advocates, only a handful of law students availed themselves of the opportunity to increase their learning and to exercise some of the vigorous enquiry usually expected of youth in search of truth.
The verandah visionaries, leaders of the so-called private sector and of the church were, not unexpectedly, absent from such serious public debate as requires a man or woman to openly stand and speak against failures of the establishment.
To me, the discussions provided an enlightened insight to the root causes of the unstable state of affairs prevailing in social and economic conditions.
We who listened and exchanged ideas could find plausible explanations for the lawlessness now prevalent throughout the country; understand why corruption abounds in both public and private sectors; why the media are filled with the cries of people feeling oppressed by those sworn to uphold justice; and why these abhorrent happenings seem destined to continue for a long, long time to come.
This is not the first time that attempts have been made to find a cure for the cankers of crime and injustice. Ministers of Government have gone across the land and overseas to have private consultations with organisations and individuals they consider capable of useful assistance.
Others have tried public conferencing, but with the leaders of discussion being those who themselves have shown an inability to solve the problems. On this occasion, the analyses and interchanges involved Jamaican advocates who until now have had a deaf ear turned to their pleas. On this occasion, the consultations with overseas interests were open to all; and views were expressed freely and without fear or favour.
LEARNING AND UNDERSTANDING
It was from these discussions that we learned with definition that the Office of the Director of Public Prosecutions is the very heart of the justice system and that upon it rests the case for peace, harmony and security among the people.
We learned for certain, that without justice all else will fail. We learned or were reminded that the dispensation of justice must be swift and sure; and not delayed for wearying months in which memories fade and victims are further traumatised by evil men and daunting circumstances.
We learned that the scales of justice must give equal weight to all and not appear unbalanced in favour of those with either unsavoury links or good connections.
We were made to understand or be reminded that transparency and accountability are essential elements of a just society; and that in their absence confidence, trust and faith in the system cannot be established.
This ideal is being sought in other countries, but, here in Jamaica, we seemed condemned to suffer a situation in which the decisive force at the heart of the justice system is accountable to none, subject to no discipline and appointed to remain in office, relatively undisturbed, until retirement or resignation becomes an option.
WHERE CHANGE BEGINS
And, whereas in other places, appointment of a DPP is open to application by all qualified persons, in Jamaica the process is conducted in secrecy by a group that in effect is appointed at the discretion of the Prime Minister.
In cases of complaint against these procedures, we the people who pay the piper, have no recourse; and, what is worse, our elected representatives and guardians seem neither willing nor able to untie this Gordian knot.
The symposium on "Justice for the People" was not just an academic exercise at the Norman Manley Law School. It was a serious investigation into a real difficulty that affects the orderly running of this country and is in great measure responsible for the conditions that are driving our citizens to migrate or to retreat behind steel bars constructed around their homes.
It is from this that we must draw the conclusion that if our elected agents cannot do the job, then we citizens must exercise our responsibility to exorcise and to effect change where change will be a solution. And where does change begin?
Chapter 3 of the Constitution gives to each and every citizen the right to peacefully associate and assemble with anyone; to hold opinions and to impart ideas.
These freedoms are ours regardless of race, place of origin, colour, creed or sex. Yet many are prone to forfeit them because of perceived or real intimidation by criminals or by recalcitrant forces of the state. It is urgent that we now start to free ourselves of this form of mental slavery. This impediment to justice must change, for this is where change begins.
* Ken Jones is General Secretary of the Farquharson Institute of Public Affairs.
