Dr Orville Taylor, Contributor
Normally peace and justice are mentioned in the same sentence. However, in the last few days, there appears to be less of each than we think.
Wunderkinde Resident Magistrate (RM) Marlene Malahoo-Forte, earned the ire of her colleagues by calling them hustlers. Her honour has 'dissed' and the lawyers have claimed dishonour.
According to the magistrate, some attorneys often go to court unprepared and, on some occasions, pull off major acts of schizophrenia or delusions of grandeur by thinking that they can be in the several places at one time.
There is no reason to reject the observation completely as nonsense, although it is most likely an exaggeration much like the talent, intelligence and fluency of many jurists, who only live on reputation of their firms or names of relatives.
Bordering on criminal behaviour
The ubiquitous Dr Carolyn Gomes, a woman who does not hesitate to defend the fundamental principles of human rights, has somewhat concurred with the judge based on her own observations.
To the amazement of the uninitiated, it is reported that there are lawyers who double, triple or even 'fupple' on some days, clearly doing their clients a major injustice.
One cannot deny that as the magistrate declared, there are some whose behaviour borders on criminal. Go across the borderline and we will find a long list of lawyers who have been disbarred for stealing clients' money and a range of other offences.
Immoral and illegal behaviour has defrocked senior attorneys, and quite a few have escaped by the thinnest skin of their teeth. At least a dozen of these scoundrels come to mind, and this number includes some who have hypocritically given their opinions publicly on matters critical of the justice system.
There are several who have disappeared like fugitives and neither the clients, police nor their friends know where they are. Some of these who have fallen from grace are persons who, otherwise, are wonderful individuals who have done good things for this country. Therefore, out of respect, their names won't be mentioned. Nevertheless, we know who they are.
Buying representation
Let's be honest here, do we really believe that lawyers have the essential moral fibre of Mother Teresa? Perhaps what we need to do is ask criminal defence attorneys if the legal code allows them to take a case where the accused did tell them that he committed the offence, and allow him to plead 'not guilty'.
Moreover, although some law is practised in RM courts, it is more about psychology and dramatics when trials are by jury. Skilful lawyers try to influence the selection of the 'best' juries and then use persuasive techniques and 'courtcraft' to gain acquittals.
Many 'guilty' have walked free because they can afford to buy the right type of representation. Tell me I am wrong! Bet you everyone reading this column can think of a friend or relative, who has escaped justice because of a 'good' lawyer.
Yet, that is only part of the truth. The RM is correct that the system is sick. Indeed, because her peer group is as well.
Socio-economic bias
Police have often complained that certain suspects have got bail from judges, even where there is clear justification to hold them. How often have we seen sentences that are reflective of the socio-economic biases in society?
Middle-class business executives and persons from 'decent families,' have received slaps on the wrist for stealing up to $13 million. However, little mango thieves have got long custodial sentences.
By the way, memory tells me that a former, very strict Resident Magistrate was made to face the court for attempting to pervert the course of justice. Remember her?
What is needed is an overhaul of the entire justice system and not merely a sanctimonious criticism from one of its officers, who is not willing to take the speck out of her own eye.
True, it could not be expected that she would coolly sit back and allow the frequent infractions to race by her.
However, her criticism is intemperate and imprudent, given that, as a magistrate, she is not entirely blameless. If she can speak with such contempt for her peers in the public sphere, imagine how the average user of the resident magistrates' courts is spoken to?
Hostile environments
RM courts are very hostile environments for the poor and 'lower-class' citizens, who are sometimes doubly victimised because of the infrahuman treatment and, at best, condescending behaviour of the court officers. One might recall a former judge detaining a rape victim because she was too traumatised to speak up as she was ordered to and he was not willing to 'Reid' her lips.
Ever notice television's Judge Judy? She is one of the most offensive persons with her aggressive tone, scowl and constantly speaking down to persons, who voluntarily enter her TV court room. Our judges and clerks of the court often do worse.
Add prosecutors to the list of misbehaving court officers because of their shoddy preparation and presentation of cases. Recently, a political activist and businessman walked, because after five years, evidence 'could not be found' to effect a proper trial.
For the record, poor evidence collection and improper police work also contributes to the problem. Compound the issue with the abuse of the right of citizens who are often detained for long periods without charge and it is understandable why I am vehemently opposed to any increase in the powers of the police to do so.
Speaking from the viewpoint of the average citizen, one who can ill-afford a high powered lawyer, we have a 'sickstym' that needs overhauling.
What is required is a consensus among all arms of the law and not finger pointing. When doctors fight, patients die.
Dr Orville Taylor is senior lecturer in the Department of Sociology, Psychology and Social Work at UWI, Mona. Please send feedback to orville.taylor@uwimona,edu.jm or columns@gleanerjm.com.
