Omar Anderson, Gleaner Writer
NICHOLSON
THE GOVERNMENT is to table plea bargaining legislation in Parliament, within a month, in an effort to jail the 'kingfish' operatives behind Jamaica's major criminal networks.
Attorney-General A.J. Nicholson, who is also Justice Minister, told The Gleaner that the Bill, entitled the 'Criminal Justice (Plea Negotiation and Agreement) Act', is to be presented before Cabinet in two weeks.
If all goes well, the legislation is expected to be enacted in the next two months, he said.
"It could be passed in both Houses of Parliament before the end of the legislative year which ends on March 31," the Minister said.
"It (the bill) is intended to allow a person charged with an offence to enter into an agreement with the prosecution, through an attorney," explained Mr. Nicholson, "whereby the accused person would plead guilty to a lesser offence, on the agreement that he or she will testify in respect of other persons higher up the totem pole in crime."
He emphasised that plea bargaining can only be entered into with the help of a lawyer. He said that if an accused person cannot afford a lawyer, one would be provided through the Legal Aid Clinic.
The Justice Minister added that the main purpose of the proposed act is to help in apprehending and placing before the court, persons whom the police would not have otherwise been able to prosecute.
WELCOME NEWS
Yesterday, Assistant Commissioner of Police Glenmore Hinds, in charge of Operation Kingfish, welcomed news of the soon-to-be-tabled legislation. "It is a piece of legislation we (police) have been pushing for some time now," he said. "This is one of the tools used in most enlightened countries which have been able to have significant impact on organised crime."
Operation Kingfish was established last September to reign in the major operatives behind the organised criminal networks operating throughout the island.
Delroy Chuck, shadow spokesman on justice, last night said the Opposition would be very happy to examine the provisions in the proposed act and see how the act can help reduce backlogs in the courts.
He however suggested that provision should be clearly defined in the proposed act to protect citizens' rights. "We have to ensure that sufficient safeguards are there to protect the due process of justice," Mr. Chuck said.
