AGRICULTURE and Fisheries Minister Derrick Kellier says discussions are underway with the ministries of national security and justice with a view to amending legislation pertaining to praedial larceny.

Minister Kellier, who was addressing a praedial larceny sensitisation seminar for members of the judiciary held at the Runaway Bay Jewel Resort in St Ann on Saturday, said the move is aimed at increasing convictions for farm theft.

He said concerns have been raised that the laws are too complicated, thereby creating challenges for law enforcement.

“It would appear that the laws that impact praedial larceny prevention are complicated and multi-faceted in implementation and are creating some challenges for the enforcement officers. Praedial larceny cases are often thrown out of court because the wrong charges are assigned to offences and enforcement officers are forced to pull on different pieces of legislation in order to maximise conviction,” he said.

Minister Kellier said the sensitisation of resident magistrates and clerks of courts should ensure that among other things, they will be able to apply the correct penalties to persons found guilty of praedial larceny and also increase the rate at which cases are disposed of in the courts.

Citing statistics from the Jamaica Constabulary Force, Minister Kellier noted that praedial larceny cases go through the justice system at a “very slow pace.”

“Bails, delays and postponements, which are common in praedial larceny cases, have exacerbated the situation, as it provides added opportunities for praedial larcenists to continue stealing farmers’ and fishers’ produce…reportedly, there are times when the entire harvest is taken by the same thief while he is on bail,” he noted.

“The continued upward trend of praedial larceny incidences, some of which are committed by repeat offenders, suggests that thieves are not deterred by the penalties that are awarded,” the minister said further.

Meanwhile, Chief Justice Zaila McCalla says the sensitisation of resident magistrates and clerks of courts on laws governing the Praedial Larceny Act will greatly enhance the delivery of justice in the courts.

McCalla said it is important for court staff to be aware of all the issues relating to praedial larceny and how the cases should be handled.

“If the cases are not properly prosecuted and investigated, then it means that persons, who have committed crimes, may go free or get off on technicalities,” McCalla said.

She told the clerks of courts that as prosecutors they have a burden of proof in relation to every case that comes before them and a standard of proof, which must be attained in order to secure convictions.

“Areas such as proof of ownership of goods will pose challenges at times and requires very, very detailed investigations before matters can be successfully prosecuted,” she said.

“You have to be aware of all these things in the performance of your duties especially as regards attention to duty so that you can offer guidance where necessary to the persons, who are investigating a particular matter,” she added.