ONE of the theological affirmations in the Christian Church in its approach to the reality of life and the physical environment is that of the sacramental principle. In its most simple form it is an affirmation that the things which constitute physical matter can be the vehicle for revelation of the spirit and spiritual reality.

In this way, water, bread, and wine, which are things from the experience of human beings in the daily round of life, can become the means by which the believer encounters the divine presence and the deepening of that alliance.

A former bishop captured the principle of sacrament for us very well when he wrote that it “is simply the very evident fact that matter is the vehicle and instrument of spirit. All the universe is the expression of Divine Spirit in terms of matter, and man dwelling in a material world with which he comes into contact by means of a material body, discerns its meaning through his bodily faculties.

“Through the physical eye and ear does he acquire that knowledge which enables his quickened spiritual perceptions to recognise the handiwork of God ‘for though we cannot see Him, we can at least discover Him through His works’ (Rom.1:20). Matter is, [therefore], a vehicle and instrument of spirit.”

It is tempting to simply dismiss this as theological jargon, and yet, at the level of the folkways of our people there is a parallel kind of symbolism present in their approach to life and the experience of phenomena in the material world.

The mongoose, which in its wisdom or lack thereof has miscalculated the appropriate time to run across the path of an unsuspecting motorist, becomes the medium by which a message of impending misfortune awaiting the motorist or passengers is communicated.

Not to be forgotten is the fact that some motorists actually do a turnaround job consequent on such an experience. Equally significant in its observance is the practice of keeping an open Bible at the head of a baby at all times as it symbolises the assurance that all evil forces are kept at bay from the child. It matters not to what use or lack of use the Bible is put at other times, and in other situations.

At a more global level there are material things which have taken on symbolic value and which speak to some of the most profound and sombre moments in life. One such material is sand. Those who attend funerals will often hear references to sand as a way of talking about the course of human life and the way in which one pursues it.

More specifically, reference is made in some instances to “the sands of time”. The phrase is an allusion to the hourglass as a symbol of mortality and/or eternity, even as it has become the basis of various songs, poems, and even movies. My primary concern here is how something as commonplace as sand can take on such profound, if not potent, symbolic meaning for those who are prepared to be discerning.

In this regard I want to suggest that there has been a national experience with this commonplace commodity of sand in recent time which may easily be dismissed by the casual observer, but which for the observant and reflective may be seen to have some profound messages for us as a people. I speak of the sands of Coral Springs in Trelawny.

In 2008, a story broke concerning a massive theft of some 500 truckloads of sand from a property in Coral Springs in Trelawny between May and July of 2008. The property was earmarked for a massive development, but was now in jeopardy of ever becoming a reality. It was clear from the reports carried in this and other news media that this was no small operation and involved big players at every level.

The report carried in this paper included details to the effect that the sand stolen from a prime 64-acre property at Coral Springs near Duncans, had forced the developers, Felicitas Limited, to call off a proposed $8-billion development, for which the beach would be the centrepiece.

The property was to be part of a development that would include 36 six-star luxury villas with spa, restaurant, amphitheatre and marina in phase one. It was envisaged to serve as a catalyst for the development of Trelawny, and with consequences for job creation in that parish.

Many Jamaicans maintained a curious interest in the way that story developed and what would be the outcome of this blatant criminal and large-scale operation that, from all indication, involved some big players at every level. True to form, this nine-day wonder which evoked actions and comments from the prime minister, political leaders from various sides of the political spectrum, and the police, disappeared from the public radar for approximately three years as the wheels of justice turned at the usual slow pace with which we have become accustomed in this country. Now, the outcome is about to miss the attention of the majority of Jamaicans as it has now come to a quiet and inconspicuous demise and exit.

The report of this outcome which was carried in The Gleaner makes for curious reading and must be not only troubling but a wake-up call to all Jamaicans that the future of our country looks bleak, if in this crime-infested, corrupt and indisciplined society which we have bred, we do not do something drastic and urgent to stem the tide.

Let me cite some aspects of the outcome of the case which may have escaped the attention of the public. The report read in part that “Charges have been dropped against five men accused of involvement in the 2008 theft of $70 million worth of sand from a property at Coral Springs, Trelawny, after death threats were issued against the key witness in the case”. The report continued: “Senior Deputy Director of Public Prosecutions (DPP) Diahann Gordon-Harrison told the court that the Crown could not proceed with the charges of simple larceny and conspiracy to steal the sand.

“She explained that the virtual complainant, who is one of the directors of Felicitas Ltd, owners of the beach in Coral Springs, had indicated that he had received threats that he would be killed if he came forward to give evidence in the matter.

“Gordon-Harrison told Resident Magistrate Icolin Reid that because of the unavailability of the witness and having reviewed the file, she formed the view that there would not be enough evidence to establish a prima facie case or prove all the ingredients for the larceny charge.”

A leading figure in this nation and a part of the system of governance and of party politics disclosed to me recently that he has long come to the conclusion that there is a different system of justice for the well-positioned and the poor in this country. Indeed, he went on further to suggest that there is no justice for the poor in Jamaica.

I know that there are persons who would be aghast at such a statement and would be in an immediate state of shock that such words should even be uttered by a bishop, and yet the reality is there for those who want to see it. From the time the story broke and the alleged players and institutions involved in this crime were identified, those of a sceptical orientation knew that there would be no outcome that would lead to conviction of these players. So this outcome of the case should bring no surprise to anyone.

There are, however, aspects of the judicial process which must concern us and wake us up from our slumber. The first has to do with the way in which the statements of witnesses are taken and how these are used within the justice system. We cannot continue to insist on keeping every aspect of our legal framework as we have inherited it, while the country faces a crisis in the containment of criminal activity, and when other countries that have a better human rights record than ours have made the changes to bring criminals to justice.

We cannot continue to have a situation in which criminals are walking free to go out and perpetuate their life of crime because they are able to intimidate and threaten the lives of witnesses who have given credible evidence in the wake of the crime but who, fearing the death threats, either become no-shows at the trials or withdraw their case against criminals, and then we pat ourselves on the back and talk about the integrity of the justice system which we have.

In recent weeks, Assistant Commissioner of Police Les Green has been speaking to this issue which we have heard ad infinitum, but which seems to be eluding the ears of those in governance. He is quoted in last Tuesday’s Daily Observer as saying in part that the police are hampered by archaic aspects of the island’s laws, and are therefore calling on legislators to make an amendment to the Evidence Act to allow video evidence in court cases. Accordingly, he is calling for speedy adjustments to the law which he believes will go a far way in reining in the country’s alarming crime rate.

Additionally, perhaps some of us have watched too many movies to have developed what seems to be unrealistic expectations concerning the way policing ought to be undertaken in our society. I believe that there needs to be a more proactive approach by which admissible evidence is not only taken from witnesses for purpose of trial which will have legal weight in court, but also that witnesses to crimes are able to have direct access to the investigating officers if any semblance of interference and threat to the well-being of the witnesses surfaces.

Indeed, this should even involve the prospect of electronic interception of telephone communication with the permission of the witnesses in order to be able to nab these criminals.

Not having any claim to any proficiency in legal matters, I would still have to wonder whether a case that is dismissed because the witness has testified in Court concerning the influence of threats to his or her life and/or withdrawal of the case should be allowed to end there, or whether there isn’t still a matter for police investigation and possible criminal conviction.

However we view this case, I am suggesting that it cannot be viewed simply as another case which has been dismissed because of the primary witness having been the victim of a threat to his life.

This case of the sand must be a clear signal to us that we are on a slippery slope of capitulation to the criminal elements who have the means to intimidate witnesses, while we sit comfortably in defence of the legal loopholes which allow them the channels to carry on their activities. I can’t help thinking that this case of the sand, which will provide the basis for some persons to again defend the foundation of our legal system as it relates to evidence, will lead us to the same outcome as Jesus foresaw for those who build their house upon the sand.

— Howard Gregory is the Suffragan Bishop of Montego Bay.