The Editor, Sir:

The Sunday Gleaner had as its headline 'Bloody start to 2009'. Anyone who expected any other result would be in denial of the Jamaican reality. It is less than reasonable to continue business as usual and expect a different result.

There were two other articles in your issue of January 4, that demonstrates that fundamentally, our justice system is not geared to deliver justice.

In one report, the complaint is that Resident Magistrate Lorna Errar handed down a three-year suspended sentence on a man for the infliction of 140 wounds on a young woman who rebuffed attempts to rekindle a relationship. The resident magistrate would have before her laws and a prevailing legal ethic that often treats the wrongdoer as the victim. In fact, this doctrine often finds expression in the wholesale vilification of the victim.

Raped by singer

A recent case in point is that of a young woman who was raped by a singer who was much celebrated while he was in prison while she was the subject of widespread adverse criticism as to her integrity. This was despite the singer's conviction.

Another stark example was the case of a truck driver who was involved in a horrific incident in which several persons lost their lives. The state, admittedly, did step up to the plate to ensure that dependants of the accident victims would not suffer unduly as a result of the loss of breadwinners. As far as other aspects of the situation were concerned, however, that was another matter. The driver's lawyer has already declared that his "client has not committed any offence" and insists that his client should be released. (Though the accused will be contesting some of the charges, his not having the requisite licence to drive motor trucks does not seem to be in dispute.)

In the case of the young man sentenced by RM Errar, in no other jurisdiction in the Caribbean would that have been treated as a case for the Resident Magistrate's Court. A man stabs someone 140 times; what was the weapon used? where were the injuries inflicted? with what force? These are the considerations that would inform a prosecutor of the assailant's intention. In any event, the sheer number of wounds would provide a clear indication of his intention - at the very least it must have been to hurt that woman seriously. Of course, securing a trial in the Supreme Court would not ensure a different outcome given our defective jury system.

My thesis, however, is that we need a national change in the 'criminal-is-the-victim' concept that so many of our opinion leaders readily embrace. We need to revisit the slew of legislation which encourages this concept. Let's fight crime and the 'bloody' criminals who commit crime.

I am, etc.,

JODIAN LETFORD

jodianletford@yahoo.com