Jacqueline Samuels-Brown | A few questions for Minister Horace Chang

I have reflected on the report carried in the press of the statement attributed to Minister of National Security Dr Horace Chang, in which he states that robberies have increased in order to secure fees to pay lawyers.

It would be of interest to know the source of this broad-brush statement, particularly as there is legislation designed specifically to address this. But separate from that, the statement brings into focus other issues and reminded me of a line from Shakespeare’s famous play Henry VI.

“First ... let’s kill all the lawyers.”

There is no doubt that the scourge of crime is a matter of deep concern for all citizens. Lawyers, like the rest of the population, are often apprehensive as they consider their own safety and that of their families.

As we collectively seek to address this crisis, the politicians who have put themselves forward to lead the fight and are paid to do so must first avail themselves of the facts and take care to avoid pronouncements that have the potential of undermining the rule of law.

Having seen the words attributed to the minister, I am minded to ask him a few questions.

- For example, is the minister aware that the Constitution of Jamaica provides that all persons charged for a criminal offence have the right to a lawyer?

- Is the minister aware that, in recognition of this right, decades ago our Parliament, of which he is now a member, introduced a law for a legal aid scheme to ensure that persons charged with serious crimes are guaranteed legal representation?

- Is it correct, minister, that the majority of criminal cases are funded by the government-financed legal aid scheme?

- Is the minister aware that subject to their other legal obligations, lawyers have an ethical duty to represent persons charged with criminal offences, whether privately retained or on government-sponsored legal aid?

- Is the minister aware that lawyers play a central role in securing confidence and faith in governance and order in the court and that one of the ugliest nightmares of a judge is a defendant representing himself and creating mayhem in the court proceedings?

If there is any doubt, we can refer back to the recent case of Michael McLean who was on trial for murder. In the course of his trial, he fired his lawyer. His self-representation was disruptive. Mindful of the value of legal representation, the judge asked his former lawyer to remain in court. Luckily for all, Mr McLean reinstated that lawyer-client relationship after a few days.

- Is the minister aware that while the police have powers to arrest citizens and charge them on reasonable suspicion of committing a crime, not all of these persons so arrested are guilty of any crime and many are later acquitted in a court of law?

Perhaps the minister is of the view that he has the advantage of insight on this subject to speak. After all, he is the elected member of parliament for a constituency that includes a community that has gained notoriety for alleged gun-gang violence and is consequently included in the section of St James in which the Government has imposed a long-term state of emergency.

A call from the minister for persons who have committed crimes to turn in their weapons and plead guilty in court would save the police force and judiciary much-needed resources. They are already stretched. Studies have shown that one of the greatest deterrents to crime is the certainty of being caught and convicted. Guilty pleas guarantee that.

More of this would make us all feel safer and indeed reduce the minister’s declared concern for lawyers’ source of income.

I invite the honourable minister to reflect on the long struggle waged to get Parliament to introduce legislation whereby its members are required to account for sources of campaign financing.

I invite the honourable minister to compare our campaign-financing law with similar laws in other countries and to take steps to strengthen ours.

Context is always important

I invite the honourable minister to also reflect on the level of non- compliance which has been demonstrated by late filings since the law came into being.

Yes! Many lawyers have had to be disbarred or otherwise punished for breaches of the law. When this happens, it takes centre stage in the news. One reason for this is the high standard expected from lawyers and which is honoured by most.

What happened in that Shakespearean play was that the speaker, a character named Dick, wanted to create mayhem and disruption. He rightly understood that lawyers were the mainstay of stability who promote and advocate for justice in the society. He, therefore, concluded that to achieve his criminal aims, he must first get rid of the lawyers, hence he said to his co-conspirators, “First, let’s kill all the lawyers”. They are often easy targets for misguided fire power.

I believe the honourable minister mis-spoke, and perhaps not intentionally. Perhaps he fell into error, being understandably overwhelmed by the crises of criminal violence locally and nationally. But context is always important.

Jacqueline Samuels-Brown is an attorney-at-law. Email feedback to columns@gleanerjm.com