Is Lady Justice peeking?

Din Duggan, Contributor

I HAVE a brilliant business idea. As a young law student deciding on what area of law to focus I considered quite a few, eventually settling on the wildly entertaining field of corporate tax. Criminal law never appealed to me. I was enthralled by the business world so the thought of making a living shuffling poor, disadvantaged youths through a broken justice system was quite off-putting. But, thanks to Senior Resident Magistrate Judith Pusey, I have relented.

Recently, a 24-year-old bank employee and university student borrowed nearly half a million dollars from a client's pension account to pay her tuition. Unfortunately, she forgot to ask the bank or the client for permission. The long arm of the law grabbed and hauled her in front of the aforementioned RM Pusey. Slapped with charges of larceny and breaching the Cyber Crimes Act, the misguided young lady faced significant jail time. These were serious allegations and, by all indications, RM Pusey was a serious judge.

Earlier this month, an accused man appeared face to face with the magistrate. His offence was the unconscionable act of stealing a bag of coconuts, a radio, and a number of 'Sunshine Snacks' peanuts from a parked truck. For this odious crime, RM Pusey sentenced him to nine months' imprisonment at hard labour. Several months earlier, she sentenced a watchman to six months for taking plywood and steel from a construction site. This did not bode well for the young, alleged cyber-criminal. If the price for stealing peanuts and plywood was months of hard labour, one could only imagine what half a million dollars would garner.

Slap on the wrist

As fate would have it, hard labour was not in this young woman's future. After seeing the woman's ailing father weeping and upon learning that she hailed from a reputable family and her father had repaid the stolen moneys, RM Pusey decided to give her a stern warning and a slap on the wrist. With that she was free and my business idea was born.

The idea - a criminal defence practice catering exclusively to privileged, uptown, white-collar criminals - the type with ambition. Peanut and plywood thieves need not apply. Convincing criers, however, are welcome - preferably the sick and elderly. So infallible the concept - part law firm; part acting school; all profit - that I have already made plans to contact Stewart Motors to order my new BMW X6 - black on black - like the nature of the crimes that I won't be defending. I'll surely develop one of those deep, rumbling laughs that signal a penchant for nothing but the finest scotch and the most prime cuts of meat. I will no doubt soon need a jumbo scale to measure my ballooning weight.

The scales of justice

Speaking of which, I wonder if RM Pusey has taken a look at the scales of justice, recently. Typically depicted in the outstretched arms of Lady Justice, they represent truth and fairness. In many renditions a maidenly Lady Justice is seen blindfolded - symbolic of justice fairly and equitably dispensed without fear or favour and uninfluenced by wealth or social status.

I do not know the mitigating or aggravating factors in the aforementioned cases. But at their core exists a fundamental unfairness that is all too familiar in Jamaica. Too often a person's socio-economic status determines the type of justice she receives. That Her Honour showed mercy towards this young lady is not the problem, for mercy, like justice, is a necessary and essential virtue in a liberal society. These virtues, however, must be balanced without regard to class or creed. Prime Minister Bruce Golding, in defending one of his influential constituents, noted that constitutional rights do not stop at Liguanea. Similarly, justice and mercy should not diverge at Half-Way Tree. Whether from Ingleside in Mandeville or near a gully-side in Nannyville, the criminally accused should meet justice tempered by mercy meted out blindly and even-handedly.

When standing in justice's gallant presence, the cyber-thief from uptown and the petty criminal from the garrison should gaze upon the same blind eye of fairness and equality. It seems, though, that in Jamaica, Lady Justice oftentimes takes a probing peek under her blindfold in search of social class and status. But, why should I care? I have a lucrative new business and a brand new BMW to tend to. Black on black, Stewart. Black on black.

Din Duggan is an attorney and entrepreneur who now works as a consultant with a global legal search firm. Contact him at facebook.com/dinduggan, twitter.com/YoungDuggan, or dinduggan@gmail.com.