Delroy Chuck
THE KRAAL VERDICT - the mother of all acquittals - will not go away. Letters to the editors and columnists have expressed strong, critical and varying views on the legal processes and the outcome of the trial. Others, especially those close to the trial, are of the view that trenchant, in fact any, criticism of the case tends to undermine the judicial process, which is absolute nonsense.
In a good democracy, the output, competition and clash of different ideas are the fuel and substance of growth and progress. Criticism is probably the most useful and powerful tool of democracy. If we truly value democracy, we must be prepared to listen and tolerate even the dull and ignorant, however irritating they may be.
CRITICS JOB
In today's Jamaica, no one with any understanding of the stream of pure justice can feel that justice is being well served. Critics do not undermine the justice system when they point out its weaknesses and shortcomings. Neither is the judicial system nor the trial process challenged if people disagree with the verdict of a court. In human affairs, errors will be made and for that simple reason the judicial process provides for different levels of appeal, where errors can be hopefully corrected. Admittedly, when there is an acquittal, there is no appeal. But, the society expects that the state machinery will put forward its best efforts to gain a conviction and when it fails, it should not be given another opportunity; moreover, an accused person should not be put in double jeopardy.
WRONG SIGNAL SENT
Sadly, the Kraal verdict appears to send the wrong signal. In an excellent letter to the Sunday Gleaner, Yvonne McCalla Sobers, coordinator of Family Against State Terrorism, quite rightly points out the danger of the Jamaican justice system delivering institutionalised injustice. It is a real and present danger, as leading opinion makers are quite convinced that regardless of the compelling evidence the relative merits and statuses of the victims and offenders will, and probably should, determine the outcome of cases. Which means inter-alia that once the police allege that they killed gunmen or bad men it should be the end of the matter. Interestingly, large segments of the population support that view, as they have become so disgusted and afraid of gunmen.
The real issue is who should be the judge, jury and executioner. Can we allow and rely on the police force to detect gunmen and dons and, simply, take them out. If the answer is yes, as many strongly believe, then are we not institutionalising anarchy, lawlessness and injustice? In fact, Rev. Garnet Roper who viewed the scene of the alleged police killing of two men in Passage Fort, St. Catherine, on December 30, 2005 opined in his column: "Nothing suggests that the police behaved differently from gunmen." Significantly, he lamented how the victims were treated worse than slaughtered pigs but, somehow, one gets the impression that he did not think the Kraal victims were similarly treated. He noted: "This incident undermined the fillip given to the Force by the (Kraal) verdict" What fillip, may I ask?
UPHOLD HUMANITY
We need to be consistent if we are to respect justice, human dignity and the due process of law. Ultimately, if we respect and uphold our sense of humanity and forget everything else, we will be on the right track. It cannot be that we take up for one set of victims because we know them or discern the injustice meted out to them or their loved ones or neighbours, we must stand up against injustice wherever it occurs, even if the victims are unknown or lawless gunmen. If we are to avoid institutionalised injustice, the words of Martin Luther King - 'Injustice anywhere is a threat to justice everywhere' - should constantly echo in our consciousness.
Now that the DPP, Kent Pantry, has revealed that the immunity offered to Danhai Williams has lapsed, what is he waiting for to charge him? Perhaps the terms and conditions of the immunity are of some concern. The country awaits the action of the DPP, as no one, however genetically connected, should be allowed to treat the machinery of justice with such contempt.
Delroy Chuck is an attorney-at-law and Member of Parliament. He can be contacted by email at delchuck@hotmail.com.
