A RESIDENT Magistrate in St. Mary has placed a special constable assigned to her court under arrest for failing to call out loudly enough the names of persons to appear before her. Mr. Christopher Brown, chairman of the Special Constabulary Association, is demanding a public apology since the judge's rebuke took place in open court.
This issue should not become a storm in a teacup for there is an old legal adage which reads in Latin de minimis non curat lex or in English, 'the law is not concerned with trifles'.
On the one hand, the RM may have requested the special constable on more than one occasion to speak up since it is unfortunately the case that there is much noise and confusion outside the courtroom itself and unless the names of witnesses are loudly proclaimed they may be taken as being absent, thus adversely affecting the matter being tried. On the other hand, the constable may have a speech defect and the judge could have requested a replacement. It does seem a bit extreme for her to have ordered the arrest of the policeman for a minor infraction, even assuming that this could be proved.
The confrontation has served to bring both the judiciary and the police force into disrepute in the eyes of the public, which is unfortunate. This is yet another symptom of the stresses under which the Jamaican justice system has to operate. Something needs to be done about overcrowding in the vestibules of our courts, not to mention the upgrading of sanitary conveniences on the premises. A poor physical environment contributes to unruly human behaviour and we have a lot more serious problems to deal with than the volume with which a policeman or woman summons a witness.
Nevertheless, where it is established that the external noise levels are affecting the operations of the courts, the police should be required to enforce the Silence Zone laws where applicable. The non-obtrusive placement of microphones or use of cordless mikes should also be considered to help with the audibility in court. These should be considered part of the simple but practical aspect of the reform of the justice system to which much lip service has been paid in recent years.
THE OPINIONS ON THIS PAGE, EXCEPT FOR THE ABOVE, DO NOT NECESSARILY REFLECT THE VIEWS OF THE GLEANER.
