Courtyard clampdown - Cops' tough tactics draw ire of lawyer - Case watching dying as spectator 'sport'

Published: Wednesday | May 20, 2009


Barbara Gayle, Staff Reporter


The Supreme Court on King Street, Kingston. - File

Concerns have been raised by attorney-at-law Lloyd McFarlane that the public is being hindered from attending the Supreme Court and Home Circuit Court in downtown Kingston.

He is also alarmed that relatives of accused persons are being chased away from the precincts of the Supreme Court. Others, he said were being unduly quizzed about their reasons for attending court.

"This does not help the type of trust the people should have in our justice system," McFarlane warned. McFarlane, who formerly practised in the United States, said, "In America, they don't prevent people from going into the courts."

Standing in the sun

He disclosed Monday that since last week persons sitting in the courtyard had apparently been instructed by police personnel to leave the immediate precincts of the King Street building.

"As long as they are sitting quietly, I cannot understand why they should be chased out of the courtyard, where there are trees giving them shade, to stand outside the fence in the sun," McFarlane said.

"It is the people's court and the people have the right to have free access to the courts," McFarlane said.

He pointed out that metal detectors had been installed at the entrances to the courthouse to prevent weapons from being carried into courtrooms.

The Supreme and Home Circuit courtrooms in Kingston generally do not facilitate spectators who have no essential link to or role in trials. McFarlane said he had been told that citizens were allowed to attend court in the rural parishes.

Frustration

Edwin Brown, a 76-year-old pensioner, told The Gleaner that he had not been to the Supreme Court for more than 10 years.

"There are too many rigmaroles to get into that building and it has become somewhat frightening and difficult for me," says Brown.

"I used to go there to listen to cases from I was a young man because when I was on leave, I would be at court most of the time. Those were the good old days when lawyers like Vivian Blake, David Coore, Dudley Thompson, Frank Phipps, Ian Ramsay, Howard Hamilton and other top lawyers were calling the shots. To tell you the truth, I learnt a lot from those cases," he said.

Security concerns

The Supreme Court building, which also houses the Gun Court, is now being manned by members of the Island Special Constabulary Force.

Commander Paul Campbell, who took up lead duties last month at the Supreme Court, said Jamaica's high crime rate had forced the police to ramp up security measures for judges, jurors, court staff and lawyers.

He said that the presence of high-risk criminals, including notorious gang members, at court increased the need for safety measures. He said the shortage of policemen has also hamstrung security mechanisms.

Campbell said he has instructed the police under his command not to order spectators to leave the courtyard if they were not interfering with proceedings.

barbara.gayle@gleanerjm.com