DPP under pressure!
Published:Sunday | March 27, 2011 | 12:00 AM
Office woefully understaffed
Tyrone Reid, Sunday Gleaner Reporter
Under fire for what critics label as the snail's pace at which her office delivers case rulings, the director of public prosecutions (DPP) has hit back, stating that the current staff complement is woefully inadequate.
Incumbent DPP, Paula Llewellyn, has also warned that jungle justice could prevail if her office is not properly staffed to ensure that justice is properly delivered through the established system.
"However well-resourced and efficient other stakeholders in the system may be, if the prosecuting arm of the State is unable to operate efficiently, transparently, and with a high level of accountability, then the credibility of the entire justice system will be compromised and the public frustration will engender a cynicism which will give fodder for the 'don man' culture and 'jungle justice'," she stated.
Pace of rulings
A spat between the Office of the DPP (ODPP) and the recently established Independent Commission of Investigations, after the latter arrested and charged a policeman without the authorisation of the DPP reignited the debate about the pace at which rulings are made by the DPP.
However, in a detailed response to Sunday Gleaner queries, the DPP noted that since 1962, there has been a significant rise in the crime rate, but the staff complement of the DPP has not matched strides with "the frequency and callous disregard for law and order, not only from civilian offenders, but from members of law enforcement".
"The provision of the human resources has not kept pace with the tremendous increase of workload over the years," stated the DPP.
One recent study of the ODPP indicated that "it is essential for the ODPP to establish a critical mass of well-trained professional lawyers and highly competent administrative personnel".
"The efficiency of the prosecution service will depend on the quality, commitment, and morale of the people who work in the organisation. The need to attract and retain experienced lawyers is crucial."
Escalating crime
The ODPP study also pointed to the rate and escalation of crime, on the one hand reflected in frightening murder statistics which caused The Economist to refer to Jamaica as the murder capital of the world. On the other hand, the ODPP stated that Jamaica has also had a frightening escalation of police fatal shootings of civilians.
"In Jamaica, crime can be likened to the multi-headed hydra of Greek mythology where you cut off one head and several more grow back in its place. We cannot afford to do nothing," the DPP argued.
When Llewellyn ascended to the post in March 2008, having previously spent 24 years at the ODPP going through the ranks, the staff complement consisted of 31 prosecutors and 27 administrative officials.
The staff quota was later increased to 40 prosecutors and three paralegals and 30 non-legal staff. But that still will not suffice to match the massive caseload the DPP and her team must wade through on a yearly basis.
Staff needed
According to the DPP, at least 10 additional prosecuting attorneys, two paralegals, plus seven other support staff members are needed for the office to perform at optimal level.
Additionally, the DPP's office is suffering from severe attrition as experienced counsel do not hesitate to move to Resident Magistrate's courts and private practice.
"The job of a prosecuting counsel is experience-driven, and it is essential to retain prosecutors of varying levels of experience in order to deal with various levels of complexity. It is essential that we retain, for the most part, prosecutors who have been going up the experience curve between three and 10 years," the DPP said.
She added that the current pay package offered to prosecutors needs to be increased. "It must be noted that the public Bar does in fact attract the 'best attorneys'. However, they leave the department for more lucrative opportunities," she said.