Please publish this as an open letter to the minister of justice, the chief justice, the DPP and the commissioner of police.

I have an issue that has become very bothersome to me. My car was stolen on August 4, 2008 and since then, the case surrounding the prosecution of the accused has laboured in the court system for the last year and six months and produced nothing but frustration. At the last court hearing (February 11) the defence requested that the case be thrown out because of the length of time the prosecution has taken to begin the trial proceedings. The current judge denied this request as it was the first time that she was hearing the case. This case has appeared before three other judges in the past.

Putting off trials

Some of the reasons for trial dates being put off have been as follows:

1. One (of two) investigating officers transferred to Kingston;

2. Defence attorney not available (on leave);

3. Defence attorney not available (part heard case in another court);

4. Defence attorney not available (off the island);

5. Clerk of court changed - not familiar with case;

6. Investigating officer late for court;

7. Superintendent not available. (He only appeared on the last court date and had asked to be excused because of other duties);

8. Judge (in December) puts off the case as he is leaving jurisdiction;

9. Clerk asks to be recused from the case (felt threatened by one of the accused).

As the owner of the car, I am not granted permission to address the judge. I find it very uncomfortable and, after all, this time I feel like I have wasted so much time appearing in court over and over without reaching any form of conclusion. I am now asking how I may cause someone, anyone in authority to take a serious look at this situation. It seems that if I am to get justice I have to take it with my own two hands.

To be quite frank, when I realised what was happening it suddenly became clear why in the minds of the average Jamaican it is easier to seek 'justice' in an uncivilised manner.

Is there no way that an officer of the JCF can be instructed to attend court when he is supposed to? Why aren't attorney's clients not tried when their lawyers are absent for no valid reason? They could then be sued by the client for failing to provide a service paid for. Why can't judges issue subpoenas and warrants for witnesses who fail to appear without excuse, especially members of the JCF?

No longer interested

To be honest I feel like calling the court and telling them that I am no longer interested in proceeding with the case as I agree with the defence that the whole thing is a big charade and a grand waste of time. I can't get an independent lawyer involved as this is a criminal matter - not a civil one. Without a guilty verdict I cannot proceed to recover payment for my car. How do I ensure that my rights are protected in this case? Who do I turn to? That is what I would like to know.

The next court hearing is scheduled for March 8, I hope; and in the meantime I await an official response through your newspaper.

I am,etc.,

DAYAN IVES

dayanives@gmail.com