TO SAY THAT THE LOCAL judicial system has been under intense scrutiny in recent times would be an understatement of immense proportions.
To say that the system has been responding to that public scrutiny, either verbally or with noticeable decisions and actions, would be an overstatement of equal proportions.
And from the look of things, Barbadians of all walks of life will continue to shine the spotlight on this critical aspect of our public service because it performs in a manner that clearly falls way short of the expectations of many.
Perhaps the time has come for those in charge to establish a full-fledged public relations arm staffed with persons who understand law and the criminal justice system and who appreciate their connection and interplay with Barbadians across all socio-economic levels.
The constant complaint by the families of victims of crime, particularly in murder and manslaughter cases, that often they are not notified of the start of cases, and on a few occasions that the cases went all the way to conclusion before they found out, will leave individuals to question the inefficiency of all.
The judicial system is not just the judges and magistrates who preside over the various courts, and if we don’t have the right level and type of interaction between the system and the public it is likely to leave these judicial officers and their staff taking the heat that is not rightly theirs to bear.
This week the issue of bail for murder accused reached a new high as a result of comments made by Attorney General Adriel Brathwaite. Whether he was right or wrong in this case is immaterial at this time. What is relevant is that there is a need for serious education of the public on this issue.
The week also threw up a most unusual outcome of a murder trial. A father and sister refused to give evidence against a son and brother, respectively, and the charge of murder of another son/brother was dismissed. How this could occur?
These two witnesses were deemed so important to the prosecution’s case that to proceed without them would have considerably reduced the chances of a successful prosecution. Again, we are not qualified to pronounce on the legal soundness of this decision, but we are certain that there are people wondering if this was the only course of action open to the state in a capital case.
After all, a murder is not some petty crime in which there is a complainant who can decide at any point he or she no longer wishes to proceed with a case. An explanation would be in order.
It is therefore incumbent on the “system” that some qualified, sensitive public information practitioner take the time to school Barbadians on this matter, in the interest of maintaining confidence in it.
By the same token, the matter of the absence of a Chief Magistrate for six months and the supposed negative impact on the functioning of the judicial system are worthy of discussions with Barbadians. It cannot be right or fair to the country that these matters keep popping up without a word from key player, leaving ordinary Barbadians to believe the system is only about them when they appear in court in handcuffs.
If those responsible can’t get the system fixed, at least they can put measures in place to explain it and its operations – or failure to operate.