D.K. Duncan "WHEN THE integrity of the administration of justice is at stake, as it is now, this court has a duty to unleash its inherent powers, to maintain its authority; to prevent its process from abuse, and keep the 'stream of justice ' pure."
In presenting his written dissenting opinion in the 'Janice Allen Case', Justice Roy Jones has echoed the sentiments of many Jamaicans who have expressed concern about the justice system. The majority opinion of the court seemed to have been in support of the Crown's reliance on legal technicalities.
The effect was to deny the request by Millicent Forbes for "leave to apply for a judicial review" of the case concerning the death of her daughter Janice. Justice Roy Jones' opinion goes to the heart of justice. The majority opinion increases cynicism and can only serve to deepen the level of distrust in the society.
NO JUSTICE
These opinions come hard on the heels of the harsh criticism by the Bureau of Special Investigation (BSI) concerning its own difficulties and frustration with its own internal investigations. Justice Jones' warning that "the integrity of the administration of justice is at stake" should not be taken lightly.
The Chief Justice who originally refused "leave to apply for a judicial review" of this case on October 1, 2004 will recall his own sentiments some years ago that there can be no peace without justice. The series of events such as those concerning Janice Allen, where it is manifestly clear that a grave injustice has been meted out cannot advance the cause of peace in the wider society.
A CASE STUDY
The "Janice Allen tragedy" is a classic case study of the stream of justice being contaminated at the outset, knowingly abused in the process, and the authority of the courts dragged in to fulfill predetermined results.
Justice was delayed for four years following the death by gunshot wounds of Janice on April 14, 2000. After years of alleged intimidation, attempted bribery, missing pages from police records, mysterious fires and the "unavailability" of a key police witness the case came up for trial on March 13, 2004. The prosecution offered no evidence. The jury was instructed by the presiding judge to return a formal verdict of not guilty leading to the acquittal of the policeman charged for the murder of Janice Allen.
This is a case which had been continually brought to the public's attention over the four years. Those in authority cannot plead ignorance of the misgivings of Janice's mother, Millicent Forbes, supported by Civil Society groups including a sympathetic media. The silence of the peoples representatives in the Executive and Legislature arms of the State has been deafening.
Millicent has been a tower of strength during the ordeal. She followed the letter and spirit of the law - hoping that justice would flow "like a mighty stream". The foresight in documentation and timely reporting to the relevant authorities over the period has been textbook. In most cases of this nature the sordid story would have ended long ago. In her case it could have ended with the decision of the Port Antonio circuit court in March 2004. Justice Jones' dissenting opinion however represents a slender thread of hope.
NO PEACE
The last decade has been replete with allegations of extra judicial killings. The "cleared up" rate might be satisfactory to the authorities but the lack of transparency, contamination of crime scenes, allegations of obstruction, intimidation and delay have not inspired confidence. The executive and legislative arms of the state have been the subject of public disrepute for some time now.
The security arm has followed suit and is probably the least favoured arm of the state at this time. Linked as it is in the "stream of justice" to the judicial arm, there is a grave danger of increasing contamination of the entire justice system.
If a Janice Allen case cannot benefit from justice not only being done but manifestly appearing to be done, then there is little hope for peace in Jamaica.
One Love, One Heart.
Dr. D.K. Duncan is a former Cabinet Minister and general secretary in the PNP Administration of the 1970s.
