THE EDITOR, Sir:
A COMPREHENSIVE enquiry into or study or review of the administration of justice (in its widest sense) in Jamaica is required - as a matter of utmost urgency.
Some of the matters which should be addressed are as follows:-
The rule of law (whatever it is perceived to be), the erosion thereof, the causes of this and its effect on the justice system.
The appointment of judges, magistrates, the Director of Public Prosecutions, the Solicitor-General and senior legal officers and whether the present procedures are appropriate, transparent and designed to secure the best available talent. Consideration should be given to whether the present systems are manipulable for political, family, religious or other inappropriate reasons.
The training of Judges and the need for any improvement.
The need for a comprehensive code of judicial conduct to extend to administrative and personal extra-forensic conduct.
The recent and not too recent incidence of judicial errors, foibles, indiscretions and idiosyncrasies some offending against elementary law.
The legal profession and whether in discharging its duty to preserve the integrity of our system of justice it has displayed sufficient rigour, vigour and courage.
Legal education and whether the system which is basically good, and improving, needs greater cross-fertilisation to bring out the best in our very talented students and young lawyers.
The cliquish and strange system of musical chairs existing in certain areas of legal education, the legal profession and quasi-judicial and quasi-legal activities which have resulted in the same persons rotating, sometimes for decades, between various committees, councils, groups and positions. This is a recipe for incest, inbreeding, stagnation and even where able persons are involved, inefficiency. Oxygen is needed!
The need for substantial amendments to the one-year-old Civil Procedure Rules. They contain substantial errors. A Supplement is urgently required. The composition of the Rules Committee needs to be reviewed.
The Office of Director of Public Prosecutions and in particular its powers, structure, modus operandi, lack of accountability and competence.
Police executions, vigilante justice and the culture of impunity.
Extradition and whether this procedure is being abused by foreign states, greedy bounty hunters and over-exuberant local functionaries.
Don't forget Richard "Storyteller" Morrison. Note the recent muscle-flexing by the police at the Resident Magistrate's Court. It is time for a review.
I urge all who labour in the vineyards of justice to strive for the highest standards.
I am, etc.,
BERESFORD HAY
P.O. Box 1191
Kingston 8
