The common-law jurisdiction that we operate under stipulates that a man is presumed innocent until proven guilty, and the justice system in Jamaica abides by this principle. Cases are tried in this country with a jury of an accused's peers, presided over by a judge. This method is used, as per the Jury Act, to try cases of murder, as was disclosed by our learned Director of Public Prosecutions Paula Llewellyn, QC, on a recent newscast.

It was reported in the news recently that a jury foreman was caught collecting money to throw a case, which is currently before the courts. The men and women who form this jury pool are selected from the voters' list and are summoned to attend the Hilary, Easter and Michaelmas sessions of the Circuit Court in their respective parishes each year. This pool can be relatively small and cases sometimes have to be traversed to the following session on account of the shortage of jurors. This shortage gives the prosecution and defence little room to choose, which most times result in case backlog and a strain on an overburdened justice system.

A unanimous verdict

This recent case is far-reaching since crime is rampant in our country and murder convictions or acquittals have to be a unanimous verdict. The current Jury Act requires a unanimous verdict for a conviction or acquittal for murder and if there is a 10-2, 9-3 or 11-1 majority after two trials, there will be a third trial, and should the third trial end with a lopsided majority, the accused will walk free.

The source of this problem is not only the jurors, but also the methods used to select them. I was once selected as a juror and the way I was summoned was very simple. I was passing the police station and called in to be told "you are a juror" and given a strip of paper to attend court at a specified date. How many persons are selected this way? Can it be that the system allows for ineffective persons to be selected on account of the shortage of persons to serve as a common juror in our country?

Must come together

The director of public prosecutions, Jamaican Bar Association, Advocates Association of Jamaica, Jamaicans for Justice, attorney general, justice minister, opposition spokesperson on justice and other important stakeholders in our justice system must come together and make the necessary recommendations to amend our Jury Act to fix the flaws in the justice system, flaws like the selection of jurors, verdicts which can be accepted with majorities of 10-2, 9-3 or 11-1 for certain murder cases, better remuneration for jurors, security and a system of accountability.

I am one Jamaican who is confident that the legal minds are here that can make our justice system work and the sooner we reform the Jury Act, the better our justice system will become, and the days of huge backlogs in our courts, history.

"Justice should not only be done, but should manifestly and undoubtedly be seen to be done." - Lord Hewart.

I am, etc.,

RODWIN GREEN

rodwingreen@yahoo.com

Siloah, St Elizabeth