Mediation muddle

At the completion of a court-ordered mediation in May last year, a judge at the Trelawny Parish Court dismissed four criminal charges laid against a businessman by two policemen who claimed he assaulted them.

Rayon Bell was found not guilty of assault occasioning actual bodily harm, assaulting a constable, resisting arrest and disorderly conduct on May 26 last year after prosecutors offered no evidence against him, citing the “successful” mediation the Probation Office conducted between the businessman and the two policemen, according to court records seen by The Gleaner.

An agreement reached during the session and signed by all three stipulated, among other things, that “none of the parties will bring any matter before the court related to the case”, and that “a copy of this agreement shall be provided to the appropriate court”, the records show.

However, nearly nine months later, the two policemen, Daniel Osbourne and Craig Chang, are now on trial before the Trelawny Parish Court for allegedly assaulting Bell, charges that stem from the same incident on March 7, 2024 that was the subject of the mediation agreement.

Mediation is one component of the alternative dispute resolution initiative being pushed by the Ministry of Justice and Constitutional Affairs.

Justice Minister Delroy Chuck, who has been touting the initiative, noted that mediation, unlike arbitration, is “not legally binding unless the parties agree that it should be”.

RECONSIDER ADVICE

Defence attorney Donnovan Collins, who represents Osbourne and Chang, declined to comment on the case against them, citing the ongoing trial, but said he may now have to reconsider the advice he gives other clients about participating in mediation sessions.

“As an attorney who has always had confidence in the restorative justice process, I am now wondering if I should continue encouraging persons to take part in court-ordered mediation at the parish courts,” Collins said, when contacted by The Gleaner yesterday.

The case was set in motion on July 21 last year, when the Office of the Director of Public Prosecutions (ODPP) ruled that the two constables be charged with assault occasioning actual bodily harm following a probe and a recommendation by the Independent Commission of Investigations (INDECOM).

The ODPP is Jamaica’s prosecutorial authority, while INDECOM is the body established by law to investigate allegations of misconduct by members of the security forces.

A medical report by the doctor who examined Bell a day after the March 2024 incident, which was captured on cell phone video, revealed that his head was swollen, and that he had multiple cuts and bruises to his neck, back and hands, according to the INDECOM investigation report seen by The Gleaner.

The 14-page report indicated, too, that as part of the investigation, a letter was sent to the administrator for the Trelawny Parish Court requesting a copy of the file related to the case against the businessman.

INDECOM declined to respond to questions submitted on Tuesday, enquiring whether it was aware of the mediation agreement.

“Having reviewed the case referenced, the case is now at trial and therefore the commission cannot make any commentary on it,” the oversight body said.

The justice minister said he could not comment on the case without “better particulars”, but raised a number of questions.

“Why was the mediation agreement not brought to the attention of INDECOM [and] ODPP?” he questioned on Tuesday, before suggesting that the agreement be brought to the attention of the ODPP.

The ODPP has not yet responded to questions submitted by The Gleaner.

livern.barrett@gleanerjm.com