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Sentencing regime in anti-gang law needs review
Director of Public Prosecutions (DPP) Paula Llewelyn
Editorial
October 4, 2023

Sentencing regime in anti-gang law needs review

IN March this year, when the Klansman gang trial ended with the convictions of 15 members of that brutal criminal organisation, we had praised the outcome as a victory for Jamaica.

Our view at the time, and which we still hold, is that this trial should encourage law enforcers to continue pursuing people intent on subjecting the country to terror, bloodshed, and mayhem.

The police and the Office of the Director of Public Prosecutions (ODPP) deserve high commendation for their fixity of purpose in gathering and presenting credible evidence that ultimately led to the convictions that included the leader of, arguably, the biggest gang in the Caribbean.

No one, we reiterate, should take lightly the huge significance of these convictions, because they have struck a punishing blow to organised crime in the country. It is a triumph that our law enforcers and all Jamaicans who love this country should milk in an effort to ostracise criminals and the people across all socio-economic groups who shield them.

Chief Justice Bryan Sykes, who presided over this trial, did a most commendable job. And, while we have heard complaints about a few of the sentences he imposed, Jamaicans must be mindful of the fact that he could only have acted within the bounds of the law and the evidence presented to the court. Additionally, Justice Sykes deserves kudos for using his discretion to rule that some of the sentences run consecutively.

Readers will recall that the gangsters were tried under the Criminal Justice (Suppression of Criminal Organisations) (Amendment) Act, 2014, commonly called the anti-gang legislation, which was passed in June that year.

The law allows for the prosecution of groups engaged in criminal activities.

Although the law was amended in 2021, the Klansman gangsters were charged under the 2014 Act, which was in force at the time of their arrests. Now that we have seen it in operation, we are convinced that it is crying out for review as the sentencing regime is inadequate.

We are therefore not surprised that the police and the ODPP are now asking for such a review, especially given the fact that they had sought stricter punishment at the time the legislation was being debated.

Legislators should now question whether the maximum sentence for leadership of a criminal organisation ought to be more than 30 years, and if there is any great effect in a maximum sentence of just 20 years for individuals found guilty of being gang members and facilitating gang activities.

Those questions should be weighed against the evidence of the savagery, wanton disregard for human life, displacement of families, psychological effect on victims and their families, as well as disruption to communities and businesses that came to the fore in the Klansman trial.

Chief Justice Sykes pointed to one of those damaging effects when, in sentencing Klansman leader Mr Andre Bryan to 39-and-a-half years in prison, he said that the evidence shows him to be “a man of extreme violence who was not afraid to kill again, and again, and again”.

Individuals who engage in that type of activity have basically forfeited their right to remain among the population.

The call by the police and the ODPP needs to be given serious and urgent attention. Our legislators should not see it as a political, uphill battle.

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