Legal community debates issues
With Justice Meerabux removed from the bench and a new crop of high calibre judges manning the Supreme Court, there is for the first time in years a sense of optimism about the direction of Belizean justice. Today those charged with administrating that judicial system met for an assessment.
Ann-Marie Williams, Reporting
The first Bench and Bar Summit took place in 1999 and because of its success, legal professionals passed a resolution to make it an annual event.
Godfrey Smith, Attorney General
“What we try to do each time is to select current issues, even controversial issues. Last year we dealt with means and methods of speeding up trials, making them fast and efficient. This year obviously, we couldn’t help but take the opportunity to deal with all the issues flowing from the terrorist attacks of September eleventh in the United States. The morning session dealt with legal aspects of the September eleventh bombing and implications flowing from that. This afternoon sessions has focussed on crime and public policy and sentencing.”
Sentencing policy and practice took centre stage this afternoon. Supreme Court Justice Christopher Blackman delivered a paper on sentencing. In his research of the prison, he said quarter of the population is spending time for drug related offences and ninety percent are in detention for non-payment of these fines.
Justice Christopher Blackman, Supreme Court Judge
“I ask myself, what is the purpose of imposing the fine if it isn’t to give them time to pay? Or is it just a pretext to really lock them up? What is the option? Is it a revenue earner for the Treasury or is it just a process?
I want to make the point that if you’re going to put heavy fines, put in respect of offence against the person. Because light sentences in relation to offences against the person like harm and wounding, and giving the person the option of paying compensation, creates a culture, which I’ve heard expressed in the time I’ve been here in this country, “I’ll hurt and pay for you, without being locked up.” I was told this by the warders, I’ve heard it in the precincts of the court.”
Attorney Kirk Anderson rose to respond to Justice Blackman’s other point, that of the danger of minimum mandatory sentences.
Kirk Anderson, Attorney
“In the Magistrate’s Court, for the offence of possession of one gram of crack cocaine, you’re presumed to be drug trafficking and therefore you’re liable to a minimum sentence of three years imprisonment, plus a very substantial fine. If I’m not mistaken, it could be as high as ten thousand dollars. And in the Supreme Court it’s substantially higher and in fact the length of imprisonment is substantially longer. The setting of minimum mandatory sentences could in fact offend against the constitution, and that may be as it were, a way out for the Attorney General to move away from this concept of minimum mandatory sentences.”
Bernard Adolphus, Governor of Prisons
“The sentencing policy in general needs to be re-examined. Let’s look at sexual offences. Of late, this type of offence is on the increase. In some cases, the sentence is harsh, the penalty is high. On the other hand, it’s just a pat on the hand. The community then commences to criticise the courts; I’ve heard it. It then becomes a burden for prison officers. Why? Because we have to be extra vigilant to protect the sexual offenders from being molested or attacked from certain elements of the prison population.”
Former Police Commissioner of Barbados, Orville Durant, was invited to talk on crime and public policy.
Orville Durant, Former Police Commissioner, Barbados
“We know that the average person in this country is concerned about sexual assault. I’m taking about women being ravished, not talking about indecent assault now. They are concerned about robberies on the streets. There was concern about the use of firearms. They are concerns about other forms of violence, and of course, they’re concerned about property crimes.
There’s a public outcry whenever police engage in stop and search operations. Is there supporting legislation for stop and search operations? Why, if there isn’t, support legislation for stop and search? Is it necessary? Those are the questions that you have to ask. Drug abuse. Tremendous outcry about drug abuse…drug trafficking rather. Tremendous outcry about drug trafficking. Is there supporting legislation?”
Attorney General Smith is hoping to enact supporting legislation and examine legal reform based on recommendations that will come out of today’s Bench and Bar Summit. Ann-Marie Williams for News 5.
