JaRistotle’s Jottings | Managing laws and secrets

Managing crime is not solely concerned with prevention, although prevention is the best cure. While crime will never be totally prevented or eliminated, we must have the capacity to investigate the crimes, identify the culpable parties and successfully prosecute them. However, successful prosecution of criminals is proving to be extremely difficult for the State, a major dilemma in many respects. Why?

The collection and presentation of credible evidence is what will make or break a case. In Jamaica, we are already at a disadvantage because of two primary factors: a major distrust of the police and the widespread 'anti-informer culture'. Add to these the heavy caseload of police investigators and prosecution counsels.

Against these odds, new strategies for improving case building capacity must be found. To this end, we should utilise resources that are readily available, namely retired judges and prosecutors working behind the scenes to guide the process. Surely their expertise will enhance the certainty of convictions.

 

Protection of witnesses

 

Defence lawyers have become masters of manipulation, and cases are often dragged out for years simply because the accused, having obtained bail, are not under any real pressure to see their cases completed. In fact, a common tactic has been to eliminate witnesses and undermine the prosecution's cases

The main arguments for granting bail usually surround the rights of the accused individuals and them not being flight risks. But what about the rights of those who have put their safety and security on the line in coming forward, in speaking out against these criminals? Should such persons and their families not be given the benefit of having the law work in their favour? As it is now, there is hardly any incentive to be anything but blind, deaf and dumb. See no evil, hear no evil, speak no evil. Bail should therefore be considered from the perspective of the victims and witnesses, not the accused.

While I agree with the widespread view that we need to radically update our laws, I am also of the view that we need to improve our enforcement of the existing laws. Surely there are sufficient provisions within our laws to facilitate the curtailing of freedom of movement of known criminals and their accumulation of ill-gotten wealth. Take the profit out of crime and deny bail when charged for certain crimes, especially for repeat offenders.

 

International obligations

 

Jamaica is a signatory to a host of international agreements which require us to implement the provisions of those agreements into local law. Sadly, we have failed to do so in many instances, and run the risk of being sanctioned by our international partners for such failure.

As regards updated legislation, we need to look to other legal jurisdictions for examples of laws which make it more difficult for criminals to operate on the one hand, and offer more protection to witnesses on the other hand. Our partners in many of these agreements have model legislation that we can adopt to cater to our urgent security needs, and in so doing, we will have fulfilled our obligations at the same time.

 

Security clearances

 

The issues regarding official security clearance for members of President Trump's family and other close allies who he wants to be a part of his official inner circle should not be lost on us here in Jamaica where we have no such system in place.

Too often, local security officials have been summoned to meetings by the political directorate to discuss sensitive or classified matters, only to find themselves seated at the same table with political activists and appointees who have never been security vetted, have no official clearance and are under no obligation to observe any confidentiality. How can any country operate in such a loose manner?

Surely it is time for a formal system of security vetting to be implemented, such that clearances at various levels can be assigned to individuals based on appointments and need-to-know criteria. Gone are the days when such meetings are arranged without prescribing a minimum clearance level for attendees based on the agenda. Security clearance, once assigned, must be maintained through ongoing vetting appurtenant to the level of clearance. The system should also incorporate sanctions for unauthorised disclosures.

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