IT has been almost two years since the Kern Spencer/Coleen Wright case has been struggling to get seriously on the road to resolution. It is still in its preliminary stages after having been fraught with delay after delay. The most recent hold-up is the judicial stalemate between the director of public prosecutions and the senior resident magistrate who is presiding over the trial. The DPP is seeking to have the senior magistrate removed from the case on the basis of perceived bias in favour of the defence. The latest is that the senior magistrate has ruled that the case will continue and she will not recuse herself from it. The ball is now in the DPP’s court.

It has now become obvious, at least to this writer, that there is a glaring personality conflict that is bedevilling the relationship between the two judicial luminaries who occupy these two important posts in our judicial system. They obviously have strong personalities and are fully committed to their respective positions. It is only becoming tragic that this commitment is bordering on obduracy, and one that is not serving the cause of justice. It is certainly not serving the cause of justice for Kern Spencer and Coleen Wright. The two accused are young people who should be anxious to see this case determined in one direction or the other. It cannot be good for them psychologically and economically to have the trial dragged out, and especially over matters where it is clear that there is a clash of personalities between the judge and the prosecutor in the case. This is not fair to them. Justice delayed is justice denied. If a criminal charge is proffered against any Jamaican, everything must be done to bring that trial to a speedy resolution. Inordinate delays in trials never serve the cause of justice. They can lead to obfuscation, lapse of memory and suspicion cast on the veracity of evidence presented. The litigant and the defence can be equally hurt by these delays.

To compound matters, it has been reported that one of the defence lawyers in this case is set to join in the defence of RM Pusey against the DPP. How can this be? What is the end being sought by the person in question? Is this a further attempt to muddy the waters and to ensure that the judicial process becomes so entangled in controversy that doubt will be cast on the veracity of any trial to which Mr Spencer and Miss Wright should be subjected? If the person does join in the imbroglio between the women, how can there be an unbiased trial, if there should be any ruling that the trial be done in Judge Pusey’s court?

The whole thing is beginning to sound comedic. The sad thing is that important matters of justice are being held hostage to individual idiosyncrasies that seem inimical to the cause of justice. If the two judicial luminaries cannot settle their differences, then they must be called into the chambers of that other eminent jurist, a lady to boot – the chief justice – to bring it to an end. The public squabble is not good, and the sooner she intervenes the better it will be for the cause of justice and the integrity of the judicial process.

John Maxwell, journalist extraordinaire

As many others have said, the passing of John Maxwell has left a void on the Jamaican journalistic landscape. The thing that one could admire most about John was his fearlessness in speaking his mind: he spoke in razor-sharp tones as he wielded deftly the “sword” of the written word. The ability to be fearless and to express one’s mind without fear is a rare phenomenon in Jamaica. Your livelihood is likely to suffer for doing so. The fear of recrimination from those in power, whether in the political or economic realms, often causes a lot of truth to be pushed under the carpet. John’s legacy, especially to young journalists, is that it is okay to pursue truth and let the chips fall where they may. The distinction ought to be clear between a commitment to a pay cheque and commitment to ferreting out the truth.

John has also left a legacy in environmental activism. This is one area that the media ought to keep alive. There are still far too many people who seem to believe that concern about the environment is too abstract and far removed from the daily grind of survival to occupy any importance in their lives. Yet, we all die a slow death if we destroy the environment. We all owe a debt of gratitude to John for his passionate advocacy in this area. This column expresses condolences to his family and friends and prays that his soul will rest in peace.

stead6655@aol.com

www.drraulston.com