CARICOM prosecutors stage mock trial
Training for police prosecutors form around the Caribbean continued yesterday at the Fiesta Inn, with the instruction moving out of the classroom and into the courtroom.
A total of forty-one regional police prosecutors took part in the mock trial that involved the fictitious case of Sarah Cummings and Marcia Henry. The two women were caught transporting cocaine stashed inside empty whiskey bottles, as they arrived on a flight at the International Airport.
Scene: defense attorney questioning police officer
“You went to the holding area at 6:30 p.m. with the custom officer?”
“Yes.”
“He pointed out to you the accused, Marcia Henry and Sarah Cummings?”
“Yes.”
“And you placed them under arrest?”
“Yes.”
“What did you arrest my clients for, Sergeant?”
“As a result of what I…”
“Yes you, you are the arresting officer.”
“As a result of what the custom officer told me, I placed them under arrest.”
“Is that sufficient grounds for arrest, based on what the custom officer told you?”
“Yes.”
The trial, which was the highlight of a training course on drug law enforcement and assess forfeiture, tested the officers ability to effectively prosecute drug cases. According to the program’s coordinator, Faith Marshall-Harris, far too often, high profile drug cases rarely end up in a conviction.
Faith Marshall-Harris, Coordinator
“In fact, it’s a Caribbean wide problem, but the drug problem is now global. But obviously various countries have various problems in dealing with the drug problem. Ours in the Caribbean, to a large extent, has to do with the fact that a lot of our drug cases are heard in the Magistrate’s Court, at least ninety percent, and for most of the Caribbean, the drug cases in the Magistrate’s Court are tried by police prosecutors who are not legally qualified and therefore we are trying to equip them as best as we can with as many of the techniques, as much as the training as possible to bring them up to par with the defense counsel who are getting better and better because the drug barons have enough money to hire the best defense counsel.”
The police prosecutors are learning different courtroom skills, trial techniques and principles of evidence. Harris says when a prosecution loses a case, it’s not simply because of lack of evidence.
Faith Marshall-Harris
“Sometimes the evidence is there, but sometimes the case is lost due to technicalities because the prosecutors have not mass their sale or other principles of evidence. So they bring, they don’t get together the evidence properly. Sometimes the chain of custody is broken. By that I mean that the drugs are seized; they go to one police officer who does not secure them properly. The envelope was open when it comes from between the lab and the court, that sort of thing. We are training the police to make sure they secure the evidence and when they get into court to present it correctly.”
The mock trial was presided over Horace Young, Q.C., a Justice of the Appeals Court.
Horace Young, Q.C., Justice of Appeals Court
“It’s very important for them to be able to practice it in a relax atmosphere and have people who are very experienced taking the case and training them how to proceed in an actual trial.”
As for the participants, they found the practical session far more beneficial than the theory.
Robert Mariano, Police Prosecutor, Belize
“Well we benefit from it because it helps us to learn new techniques in cross examining witnesses. We also learn techniques in applying case laws. We learn techniques in dealing with drug cases on a total.”
Donald Bryan, a police prosecutor from Jamaica, during the court’s recess, quickly pointed out some of the mistakes the prosecution in the mock drug case made in presenting its case.
Donald Bryan, Police Prosecutor, Jamaica
“Well they have managed to get away with a few leading questions to which the defense did not object. Secondly, the exhibits were at least in one instance not present when it should be. I mean what was said to have been recovered and should have been brought, like what was stated by the prosecution was, more specifically, the two bags that I think were the contents that were found in a burgundy bag and the black bag and what was in fact brought to court were two white bags which I think is going to be very crucial at some point.”
Harris says while such programs will continue to benefit Caribbean countries whose governments cannot afford to pay well qualified attorneys, several nations in the region have made the move to hire lawyers just as skilled as the ones now working for drug barons.
The mock trial brought the five-day training session to a close. Additional seminars are scheduled throughout the Caribbean.
