Jamaican Judge Releases Cop Killers, Without Explanation.

If you thought you had heard it all as it relates to the madness that exists on the Island of Jamaica follow these blogs. Many who live abroad but would like to relocate to Jamaica will truthfully tell you they are restrained  from returning to the land of their birth because of a plethora of reasons, not least of which is the inordinately high crime rate that has plagued the Island nation for decades. I for my part have been sounding the drum-beat for a long time about the run-away crime and the reason it continues to be so. There is no one issue that fuels the high crime rate in Jamaica, and as such the solution will have to be a multi-faceted approach to fixing it .

No issue stands out in the continued decline of our Country’s moral fibre than the breakdown in  the criminal justice system, as I have pointed out in these blogs some of the people tasked with  adjudicating are little more than criminal supporters themselves. Jamaica’s Judges have always been a liberal bunch ,many having done their law degrees in England ,not a Country known for dealing decisively with hardened criminals, most others are schooled at the University of the West Indies , a place that is fast becoming a laughing-stock , a place where Vybz Kartel delivered a lecture, a place that has been for decades, a liberal socialist/communist  breeding ground. The University of the West Indies have been a place from which the Communist newspaper the struggle was born, and lecturers like Trevor Munroe were heroes.

It is no wonder then, that those who graduate from that institution would be less than ideal for the purpose of administering decisive justice even putting aside the archaic penalties on the books. As I have pointed out time and again the greatest deterrent to crime is society’s decisive actions in catching criminals and putting them away for lengthy periods of time. Will those actions eradicate crime? No! but since the bleeding hearts in society have won the day and law-abiding citizens have cowered in fear from having murderers pay the ultimate price, then that is the next best thing.

Jamaican Judges have as a single unit, taken a wrecking ball to our country’s National Security, Jamaica is now a trial lawyers paradise. Trial lawyers are a powerful lobby group in Jamaica and they do not need to do much in  terms of influence peddling on a population that is largely illiterate, and to a large degree corrupt. In Jamaica anyone who is someone knows everyone who is someone. Ok I know that was a little like, huh ? but you get the picture. My point is influence peddling is really easy when one considers that most criminal lawyers and the  Judges attended the same law schools and are part of the same clubs and organizations.The average Jamaican is really shut out of the process.

When Criminals are let off easily citizens have no faith in the system, if they have no faith in the system they turn to local enforcers for a different brand of justice, they do not report crimes to the police, if they do not report crimes to the police the police becomes irrelevant,criminals become emboldened, which breeds more crime. The most ardent advocates for an independent Judiciary without oversight  are trail lawyers, why is that? what is their interest? I’ll tell you , if your friend the Judge is unrestrained in what he or she can do as it relates to your client wouldn’t you want an unrestrained Judiciary? Jamaica’s Judges are some of the most activist in the world , it is not uncommon for them to blast a Ministry or the entire Government from the bench, even though they are hired and paid by the same Government. They use the bench to berate the police and anyone who has incurred their wrath, in essence the decorum and air of being above it  all does not apply to them. They berate poorly trained over worked prosecutors, while cheer leading defense attorneys.

None of this is lost on the criminal elements who are usually sitting right there in the court-rooms watching and laughing at police and hapless  ill prepared prosecutors. As we have done when we see these despicable acts we bring them to your attention so you may decide , you be the judge, no pun intended, you thought you have heard it all well not quite .

HERE’S A REPORT FROM THE JAMAICA DAILY NEWS.

JUSTICE Lennox Campbell on Wednesday drew fire from the director of public prosecutions (DPP) after he abruptly terminated jury selection and sent home the four men charged with the murder of a retired police officer 12 years ago. Between Monday and Wednesday, 11 jurors were empanelled out of the required 12 to complete the panel when Justice Campbell, who had been seething over the issue of jury shortage since Monday, expressed his frustration and told the men that they were free to go. “Go home,” Campbell told the men in the Home Circuit Court. “I’m not giving you a date to return. Good-bye.” Campbell also removed the reporting condition of the men — Byron Johnson, Solomon Johnson, Devon Hackett and Carlos Williams — who were on bail. Surprised by Campbell’s directive, Diahann Gordon Harrison, the deputy director of public prosecutions assigned to the case, sought clarity but the judge insisted that he would not be setting a return date for the men. Both the prosecution and defence lawyers protested, suggesting that the justice order the police to select persons from off the streets (known in legal circles as tailsmen) to fill the one remaining slot on the panel, but Justice Campbell was firm in his decision, saying that the case had been before the court for the past 11 years and that each accused person had the constitutional right to be tried within a reasonable time of being charged. Campbell also upbraided the prosecution over the shortage of jurors despite the fact that it is the court staff and the police officers in charge of detention and courts who are responsible for procuring jurors, through the process of summonses. Defence attorney Valerie Neita-Robertson intervened on the part of the prosecution but she, too, suffered Justice Campbell’s ire. Contacted by the Observer shortly after court, DPP Paula Llewellyn said that Justice Campbell did not act in accordance with the law in sending home the men. “The course adopted by the learned trial judge for the disposal of a Circuit Court matter was the wrong approach,” said Llewellyn, who noted that her office had been making concerted efforts to rid the court list of old cases. “In all my 26 years as a prosecutor I have never seen anything like that. I am extremely disappointed by the judge’s action; that is nothing but a nullity,” Llewellyn said. Llewellyn said that a case before a jury can only be discharged in one of four ways — by the prosecution entering a nolle prosequi; a panel of jurors being directed by a judge to return a formal verdict of not guilty if the prosecution offers no further evidence; the upholding of a no case submission at the end of the prosecution’s case; or a panel of jurors returning a verdict of not guilty after deliberation on evidence presented during a trial. The men were jointly charged with the December 1999 shooting death of retired police Corporal James Calder McDonald in Seaforth, St Thomas. McDonald’s throat was also slashed and his firearm stolen.The case has been on the Home Circuit Court list since September 17, 2001. Court records indicate that there were 38 trial dates and adjournments were granted over the years for various reasons, including a shortage of jurors. The men can be re-arrested and brought back before the court or summons issued for them to appear.jamaica observer.com

The Director of Public Prosecutions Paula Llewellyn says she’s disappointed at the manner in which the judge threw out the case- file photoFrom left: Resident Magistrates Viviene Hall-Harris, Sandria Wong-Small, and senior resident magistrate for St James, Winsome Henry, in conversation with Justice Lennox Campbell. - File

                                                                                                         Gleaner photo of Campbell with Resident Magistrates

Yes the case has been before the courts for too long, yes the accused men are entitled to due process,yes the accused men are entitled to a jury trial of their peers in a timely manner, yes eleven years is way too long for a case to be languishing in the courts. But whose fault is it?

Is it the fault of James Calder or his family?does the right of the accused men supersede the right corporal Calder had to life? And if so is there any wonder why the system is now reduced to a cesspool of corruption and graft? How does Lennox Campbell the “ground God” explain his actions as per the arguments made by DPP Llewelyn as to the ways in which a case may be discharged by a Judge, or does his lordship even need to account ? The Charlatans at the Criminal Rights lobby group Jamaicans for justice,those at families against state terrorism and all the other terror supporting groups are duplicitously silent. Had a judge released a police officer from his/her obligations to answer to a charge of homicide against a typical low down dirty scum bag criminals  irrespective of the amount of time that had elapsed , all of the aforementioned terror supporters would be up in  arms condemning that judge, yet they are all silent when Campbell releases these maggots who slashed the throats of this officer and stole his weapon.

There is no statute of limitations for murder therefore it is really not up to lord Campbell to decide to send these scum home, failure to empanel a jury is not the fault of the murdered police officer or his family,  it is the fault of the judge , in this case Lennox Campbell, it is the fault of the corrupt system that obtains there that makes it almost impossible after eleven years to empanel a jury . What does it say about a country when it becomes necessary to release murderers who kill police officer because a judge cannot empanel a jury?

Mini Gods like Campbell and others named on this site have taken it upon themselves to administer their individual brand of justice in a country where they are called “your lordship” They have simply believed their own press.  Those who call for a judiciary without oversight better be aware of what they are clamouring for, the trial lawyers know what they are asking for,but the average guy on the streets that wants judges to be totally free from oversight or accountability have no idea what they are advocating. Kern Spencer’s criminal trial is no further to a resolution than when it commenced because a Resident magistrate refuses to recuse herself from the case even when it is clear that her utterances has prejudiced the case against the people, what is the recourse of the people ? you tell me, there is no recourse the case is still in limbo and the same Magistrate is in charge, (another mini god)

Jamaica is not a country like Barbadoes that has a largely educated population, the majority of the people who are poor and uneducated look up to those who are able to read much less those who are educated and/or wield power, at every turn those who wield power and are revered by the people use the power they have to disrespect the people. Jamaican judges have systematically disrespected the people by using their positions of power to legislate from the bench when their function is to ajudicate, to interpret the laws and administer justice impartially.

Supreme  Court Judges are demanding more security as the country gets more and more lawless, by the way it is the police who are supplying the security to judges like Lennox Campbell, oh I would relish that assignment to provide security to Lennox Campbell , his lordship.


2 thoughts on “Jamaican Judge Releases Cop Killers, Without Explanation.

  1. Beckles, I am flabbergasted and dumb struck at this judges action . I agree you about the rights of the defendants , but I am sure the high court judge is aware of the protocol involved with challenging circumstances such as this one. This is evidence of pockets of inept judges in the system that need to be rooted out . Unfortunate , its not easily done as the constitution protects judges and any removal would require some egregious act in breach of the constitutional provisions that will end his stint as a judge. I disagree with you though with the reference and implication that this is attributed to where they were trained whether United Kingdom or UWI . I think also you highlighting that UWI is the Breeding ground for communist has no relevance here . But , truly this judges action is of great concern .

    • I encourage you to do a little historical research, just as far back as the 1970’s, look at the rhetoric and influence coming out of that institution ,a la Trevor Monroe etal, juxtapose that with where in the society they are positioned today and things will be a little clearer. The UWI is a liberal left leaning Institution period, and yes that leaning impacts it’s graduates sir. I am surprised you would think the place of one’s formative training would be non impactive on one’s behavior, really?

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