Bert Samuels wants increased mediation to speed up justice system

Prominent attorney-at-law Bert Samuels, who this month celebrates 40 years at the Jamaican Bar, is not happy with many aspects of the justice system.

“It is troubling to me that a civil case in the Supreme Court has a seven-year journey from commencement to judgment, and criminal trials and appeals can last for several years,” he said last week.

Samuels, who wants to see the cases disposed of expeditiously, said: “As we deny justice, we also deny it to our citizens”.

On being asked what was needed to speed up the process, he said, “We need to double the number of judges and courtrooms, and increase efforts in the area of mediations.”

Samuels vividly remembers the celebrated case in the 1980s of labourer Dennis Jenkins, in which he had to fight to ensure that Jenkins, who was popularly known as ‘Shorty’, was freed of murder.

Jenkins was accused of the murder of schoolgirl Dianne Smith, who was sexually assaulted and strangled while on her way to school.

FIGHTING FOR JUSTICE

In 1982, when Samuels decided to represent Jenkins, a poor man whom he said he knew from birth, Samuels had only three years at the Bar. He said at the first trial he was led by Queen’s Counsel K.D. Knight and the jury returned an 11-to-one verdict. A retrial was ordered because at that time, the verdict had to be unanimous. Samuels said he later found out that 11 jurors were saying that Jenkins was guilty.

“It was a seminal lesson for me because I was fighting against the odds at a second trial,” he said.

Samuels was led by Queen’s Counsel Earl Witter at the second trial and they were able to get an expert witness, who discovered that there were indications of the planting of evidence and manipulation of the crime scene and the exhibits. He said with such a great discovery, they were victorious in the legal battle for Jenkins’ freedom. Although Samuels collected no legal fees in that case, he said he did all he could to ensure that Jenkins got the best legal representation.

“This case propelled my career, and I want to tell young lawyers that it is not the fees that will propel you, but your fight for justice [that] will be rewarded.

“My fight for justice has always been my guide,” Samuels disclosed.

He is not pleased with a certain aspect of our Constitution and wants to see changes to it.

REPLACING THE QUEEN AS HEAD OF STATE

“I feel our Constitution, which places the Queen of England as head of the three arms of Government, is a disgrace, having regard to our history of slavery, and I pray she will be removed in my lifetime”, Samuels said.

Questioned as to the likely replacement, he replied, “She should be replaced with one of us being head of state.”

“It irks me to hear at the start of court hearings the words, ‘God save the queen’ when we should instead be saying God save the people,” said Samuels. “Why can’t we just change it?” he queried.

Samuels disclosed that during his 40 years which, to be exact, was on November 22 this year, he has been practising in the criminal, civil and constitutional courts. He said he is proud to reveal that during those 40 years, his mentor and teacher has been Queen’s Counsel K.D. Knight. Samuels said he is also proud to have his daughter, attorney-at-law Safiya Samuels, beside him as he mentors her into excellence.

Samuels, apart from being a legal expert, also has another interest. He described it as “a crossover as a playwright”, when he wrote the play, The Trial of Governor Eyre as his contribution to the struggle as pan-Africanist, lawyer and deputy chairman of the Reparation Council of Jamaica. He placed Governor Eyre on trial for the hanging of Paul Bogle, George William Gordon, and 400 other St Thomas citizens; he was found guilty in the play and executed. The play got three Actor Boy Award nominations, and Samuel said it may become one of his lasting legacies.

So what propelled Bert Samuels to choose a legal career. He said it was first because he was recognised as a great debater in high school, and second, the fact “that my grandmother defended herself in a civil case in court and won”.

Samuels revealed that one of his future plans is to be a consultant to young attorneys-at-law.

“My advice to young attorneys is to be brave in court, follow the three-pronged rule of preparation, preparation and more preparation at all times, and be honest in all their dealings”, said Samuels, who is a partner in the law firm Knight Junor & Samuels.

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