The Court Management Service (CMS) has responded with a weak response to what is a detailed document from senior police investigators which highlights the totally inadequate sentences they mete out for serious gun offenses. Police Investigators have pointed to a litany of cases, to include one in which Justice Bertram Morrison imposed total fines of $170,000 on a man convicted for illegal possession of firearm and ammunition and a fine of $70,000 on a man convicted for possession of ammunition.
light sentences in cases of illegal possession of firearms and ammunition, in which an American woman who was admonished and discharged by Justice David Fraser the woman was an American tourist who pleaded guilty to possession of ammunition.
Police document reported that she was convicted of illegal possession of firearm and ammunition.
But these instances are a mere drop in the bucket, the real harm the courts are doing is large as it relates to bail. The astronomical number of Jamaicans killed by arrested murderers who are summarily granted bail far exceeds those who are convicted and given light sentences.
Killing complainants and other prosecution witnesses has been a strategic approach of the Island’s killers, police have complained about this for decades but those cries have fallen on deaf ears.
No one in Jamaica seems concerned about the avalanche of bloodshed except the police of course.
The CMS argued that the woman was held at the airport at the end of her vacation with her mother and immediately informed authorities that the firearm magazine discovered belonged to her husband, who is a licensed firearm holder in the United States.”Despite her technical guilt, there was no evidence of a deliberate or willful intention to breach our laws, and no one within the borders of Jamaica was placed at any risk by the inadvertent commission of the offense,” the agency noted. CMS said the “young mother of four small children” had very little money left to pay “even a nominal fine” and was “visibly distraught and utterly devastated..” “She would not be allowed to leave the island if she had an unpaid fine. It was Friday It was in those wholly exceptional circumstances that the sentence of admonished and discharged was deemed appropriate.”
This publication asks what about the case of thirty-six-year-old Michael Abrahams, who was found with cocaine with a street value of more than $90 million dollars at a house he occupied at Caribbean Estate in Portmore, St Catherine on July 7th.
Abrahams plead guilty. In exchange for his guilty plea, he received a fine of JMD $500,000 or the serving 6 months in prison. On his second count of the crime, Abrahams struck a plea deal with the court for Dealing in Cocaine and received 9 months hard labor, which will be suspended for two years. He was also granted bail for JMD $300,00.
This is a graphic indicator of the clear and present danger in which the courts have placed our country. It exemplifies the very reason I have personally called for mandatory minimum sentences for certain categories of crime.
The supposed misconduct of Police, Military and Corrections officials gave the country INDECOM. Despite the mounting pile of evidence and empirical data against the courts and the legal fraternity, the Legislature has not lifted a finger to stop the abuse of power. [Good of the police to now compile data to show what we have been saying for decades].
Jamaica is the country with the most deportees in the Caribbean, there is a reason for it.
American courts do not make accommodations for people who break their laws, regardless of the mitigating circumstances.
That is the reason so many Jamaicans have been deported back to the Island despite some of the very same mitigating circumstances of which CMS referenced.
In many cases, some of the people deported by the United States have not committed any offenses but were caught up in police dragnets which incriminated them effectively ruining their lives.
These Judges who supplant the laws with their own weaknesses and biases are woefully misguided and delusional if they believe that a justice system can be operated that way. And that is premised on whether we believe their explanation instead of ascribing more sinister motives behind their actions.
This is why the legislature must stop banging on desks in the house and hurling insults at each other and change the laws, effectively removing from these judges the discretion to turn the criminal justice system into a revolving door.
We can ill-afford to have these uninformed, unexposed little overlords in their silly little robes define and determine the kind of country we have going forward. Judges are supposed to follow the laws, not supplant them with their own feelings.
The direction of the country must come out of the nation’s parliament.