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Letters
January 17, 2013

Justice delayed is justice denied

Dear Editor,

There has been much debate over the years and again in recent times about Jamaica severing ties with the London-based Privy Council and signing on to the Caribbean Court of Justice (CCJ).

Those advocating this position have argued that we have qualified and competent legal minds to handle our own affairs and that the time has come to join those who have already made this bold step and have our final appeals determined by this regional body.

But would this be as wise a move as it would be bold? I will leave that question to those more qualified in this field except to say that I would rather agree with Hugh Wildman on this matter than AJ Nicholson.

I have been following four matters before the criminal court relating to breaches of the Corruption Prevention Act and I must say I have some very serious concerns as to the way these matters are progressing.

They are the Cuban light bulb case, the Customs motor vehicle case, the NSWMA $161m case, and the bribery allegation against a noted businessman and a senior cop. With the exception of what is ‘reported’ in the media and excluding people like me who make some time to visit the RM Court to get first-hand knowledge, what exactly do we know about the status of these matters?

1. The Cuban light bulb case has been before the courts since 2007 and all we know is that the matter will resume on January 21, 2013. It’s been four years! How can this be, madam DPP? Was the investigation complete prior to the arrest of Mr Spencer and his co-accused?

2. To date, we have heard nothing more of the investigation into the matter involving the sale of high-end vehicles to very well-known Jamaicans and no one seems to be asking any questions about the status of this matter. Why is this so? A young man was arrested, charged and his name and reputation totally destroyed in the media. Was that investigation complete, if not, why not, madam DPP?

3. Is it true that on January 15, 2013, the RM Court was told that the figure involving the NSWMA fraud case is now just over $12 million, down from the $161 million originally reported? What is the reason for this massive reduction and where is this case heading? Is this what we want to institutionalise with a CCJ? Justice delayed is justice denied and, by the way, what is the qualification of our investigators? We need answers.

4. Why have we heard nothing more of the bribery case involving that businessman except that a noted QC joined the legal team? Was his file ready prior to the arrest and charge, if not, why not? He wasn’t hiding or going anywhere, so why rush to arrest and charge and confiscate travel documents before completing your work?

It seems to me that the Jamaican media are also failing in their duties and should be called on to explain their own lack of investigations in these matters. I watch CNN, Fox and MSNBC daily and it’s amazing how much information is provided to the public on matters like these. Legal analysts are invited on shows and discussions take place with interpretation of the various laws. Why not in Jamaica?

Frankly, it is a little unfair for the media to spend so much time and resources championing the cause for ‘freedom of the press’ when they fail to carry out proper investigative journalism so that the public can be properly informed and so that there can be no question of bias or irresponsible journalism.

I call on the media in Jamaica to put a little more effort into investigating rather than simply reporting what was said by a minister or a police investigator or indeed, by the DPP. You owe it to the public and to those you are so quick to feature in your headlines when the story is negative and damaging.

As for the DPP and the courts, all I can say is justice delayed is justice denied.

Marcia Pitter-Brown

Kingston

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