THE MURDER toll in Jamaica last year reached 1,045 which is less than the previous year's 1,139 which was a big jump from the 887 in year 2000.
In this category of crime, Jamaica is way ahead of our CARICOM partners. Last year Guyana recorded 60 murders and Trinidad and Tobago bemoaned a toll of 172.
An emphatic reminder of the Jamaican murder toll emerged from the High Court last week. Justice David Pitter, opening the Hilary session of the Home Circuit Court, described as "frightening" the backlog of 112 murder cases.
The figure, of course, does not relate only to murders committed last year. The court list is so choked that cases have had to be traversed from session to session for a variety of reasons.
As Justice Pitter remarked, the basic failing is that there are more cases than there are courtrooms; and the situation cannot be alleviated until the number of judges is increased significantly along with attendant staff to operate expanded facilities.
Equally crucial is the quality of justice that should be dispensed. Clearly, the principle of swift justice cannot be accommodated in such a backlog of cases. The delays must affect the memories of witnesses who have to testify. Indeed many witnesses may no longer be available for one reason or another; quite apart from the potential dangers they face as witnesses to murder.
The delays also affect the determination of cases other than murder. Other criminal matters and civil disputes are part of the case backlog.
What we face therefore is a crisis of the court system which is supposed to be the ultimate phase of the administration of justice and maintenance of the rule of law.
It is futile to pursue a campaign against crime which threatens the society at every level if the courts cannot impose penalties for wrongdoing in a timely manner.
This judicial roadblock is especially frightening for a fundamental reason. If swift justice is not available to the people at large they will resort to "summary justice" as now happens, for example in the mob killings reported from time to time. It is the kind of aberration said to be typical of garrison communities where "dons" rule with impunity.
The court system should not be allowed to remain stymied by the current backlog of cases. The Ministry of Justice and/or other agencies must act now to make the courts functional. To do nothing is indeed a frightening prospect.
