OCHO RIOS:
JOHNNY COCHRAN, the famous American lawyer, has criticised the justice system in Jamaica saying that it is damaging the image of the country.
"Here in Jamaica, it appears that this country's greatness is being diminished by too many occasions of justice delayed and justice being denied, which fairly simply, leads to anarchy," Mr. Cochran said.
He made these comments Saturday night while delivering the main address at the St. Ann Chamber of Commerce's 45th Anniversary Awards Banquet at Beaches Grand Sport Resort, Ocho Rios.
Mr. Cochran said, "And considering some of the problems facing Jamaica today, I have come to believe that Jamaica is a country whose noblest ideals of justice are sometimes clouded by the judicial process riddled with imperfection."
He defined imperfection as "prolonged delays in the trial of cases, conclusion of some cases without any evidence supporting the allegations, the questionable manner in which some judges treat allegations made by the police against ordinary citizens and the inability of the authorities to control the growing crime rate.
"Over the last 20 years, it appears as if the system has not been adjusted to keep up with the crime rate."
Suggesting that there needs to be changes or adjustments in Jamaica's justice system, the attorney-at-law who is best known for his successful defence of former American football superstar O.J. Simpson, who was charged with murder, said there had to be a system that inspired confidence in the rest of the people.
"How can cases conclude without a single word of evidence in support of allegations," he asked. "When witnesses start becoming available to give evidence, it is a long stretched out time between the crime and the hearing of the case. No one wins, literally."
Mr. Cochran asked: "How can one judge be expected to dispose of as many as 20 cases in a day?" pointing out that when systems were overburdened they would ultimately result in rampant delays and fundamental unfairness.
"It must be remedied if this jewel of the Caribbean is to retain its lustre," he advised. Mr. Cochran said that as an outsider looking in, he was pointing out these matters with the hope that together everyone could talk about changing or overhauling the system.
Solutions he suggested were a national task force to review the system and recommend changes, the removal of infractions like traffic tickets from the Resident Magistrates' Courts, an increase in the number of Resident Magistrates in each parish and the changing of antiquated laws which no longer had any relevance.
He likened the justice system to a three-legged stool with one leg representing a strong independent judiciary with judges who are honest and fair. The second leg represented the prosecution, and the third leg represented the defence. He said that while the prosecution usually had adequate funding and support of the police, the defence was always left to struggle to find funds to secure a fair trial.
"If the least of us cannot get a fair trial, none of us will get a fair trial," he said.
Mr. Cochran argued that it was paramount that justice is administered with fairness and that if Jamaica was to progress it needed to implement some of the cures by having in place a system that was accurate, attentive and accountable.
