Letter of the Day | Privy Council ruling gives hope for reform of justice system

THE EDITOR, Madam:

Stand Up For Jamaica (SUFJ) and Jamaicans for Justice (JFJ) welcome the decision of the United Kingdom Privy Council (UKPC) allowing the appeal of Mr Ray Morgan. The organisations hope that the matter will be reviewed and the necessary reform to the justice system is undertaken to better safeguard individuals’ right to a fair trial and the right to an appeal.

About three years ago, SUFJ brought the matter of possible breaches of prisoners’ appeal rights to counsel at the Public Law Chambers (Terrence F. Williams, John Clarke, and Celine Deidrick) and they have since been engaged in much litigation seeking remedies. JFJ’s Legal Manager Sasheeka Richards lent assistance to the litigation process.

Jamaica’s Constitution guarantees fair trial, a right to the transcript of the case, and the right to review the conviction. In reality the appellate system has been dogged by delays, most often due to the tardy submission of court records by the trial courts.

Sadly, this case is not the only one where the delay in hearing the appeal was about 10 years.

We note that the UKPC decision reverses the Court of Appeal’s previous holdings that effectively penalised the appellant for the failings of the prison service and the court’s offices. It is also noted that it was agreed that the prison service has a public law duty to properly deliver prisoners’ appeal documents. Finally, the UKPC emphasised that the parish courts must submit reasons and findings within 14 days of the verbal notice of appeal.

SUFJ and JFJ hope that the honourable minister of justice and the courts will conduct a review of the relevant systems, laws and rules to ensure that the fundamental appellate rights are not illusory. Such a review must include:

. Ensuring compliance by the courts with the requirements for prompt production of transcripts.

. Legal aid for potential appellants before they draft their grounds rather than getting advice from prison officials, no matter how well-meaning such officials may be.

. Formalising rules for the delivery of prisoners’ appeal documents from prisons and police lock-ups.

. Regular reviews of cases on the appeal docket.

CARLA GULLOTTA

Executive Director

of Stand Up for Jamaica