Tashieka Mair, Gleaner Writer

WESTERN BUREAU:

Veteran attorney-at-law Roy Fairclough has expressed concern at the number of cases transferred to the St. James Circuit Court, by way of voluntary bills, issued by the Director of Public Prosecutions.

According to the lawyer, he was "mourning the state of affairs spreading in the parish" as most of the new murder cases before the court were sent without a preliminary enquiry being held.

"Let it be clear, that I have no objection to the abolition of preliminary enquiries, but I object to the de facto abolition of preliminary enquiries," Mr. Fairclough stated.

"Even more pernicious is this short cut to injustice being buttressed by resorting to Section 31 of the Evidence Amendment Act," he added.

Mr. Fairclough, who has never been one to mince words, was addressing Justice Marjorie Cole-Smith at the opening of the Michaelmas Session of the St. James Circuit Court yesterday. Thirty-six cases are listed for hearing over the three-week sitting.

The cases include 17 murders - 11 of which are new matters, six rapes, six carnal abuse, two deaths by dangerous driving, four wounding with intent and one case of assault occasioning grievous bodily harm.

Accused at a disadvantage

Mr. Fairclough said the situation put the accused person at a disadvantage as the matter was tried without a witness facing the defendant, the jury, and cross-examination.

Additionally, there are several other murder cases pending in the Montego Bay Resident Magistrate's Court for which the court is awaiting voluntary bills, as witnesses are either dead, cannot be located or, are too fearful to attend court.

While noting that voluntary bills may cause the trial to be shorter and see cases disposed of easier; Mr. Fairclough questioned whether the move was in the interest of justice.