Dear Editor,

As we categorically refrain from any presumption of guilt on the part of the jurors accused of accepting a bribe because it is a legal duty we are bound to obey, the very presence of the issue makes it worthwhile to note a few observations regarding the actuality of justice.

The Jury Acts recommend that the jury be compromised of the ordinary man, the person who in legal terms we call the average Joe (Jill). Legal theorists have long opined that it is judicially and socially ideal that a man be tried by his own peers, that is, the common man.

It is a principal tenet of common law jurisprudence to which, in the interest of ‘justice maximised’, the system should aspire. Consequently, our Jury Acts are geared towards such a pursuit where an accused man can stand before his peers, who should not be too learned or considered nearly half-witted.

As it is teachers, lawyers, and a long list of professionals are exempt from jury duties because it is believed that the common man will provide the best form of honourable and unbiased deliberations.

In a country where the objective of the common man is (in the words of the street-smart and book-smart) to “hustle di money”, should we be surprised that allegations of jury impropriety have arisen? Better yet, assuming that judicial functions should reconcile with and complement social realitites, can we seriously expect the “common man” to deliver justice?

The main question is: Should any society tolerate in its judicial processes a mentality where ‘hustlin di money’ is considered the paramount pursuit of the common man? A right-minded person might be driven to conclude that the consequences of such tolerance cannot be favourable.

Our justice system is in much array, and in order to rectify this, thereby attaning what is “just and equitable” (per Lord Denning), I humbly suggest that our learned legal pioneers and parliamentarians currently involved in the justice reform process critically consider the above during their deliberations and act accordingly regarding our Jury Acts.

Abka Fitz-Henley

abkafitzhenley@yahoo.com