The new kings and queens of the criminal Bar
Back in the 1970s, 80s, and 90s there was a clear line of demarcation between the top attorneys at the criminal Bar and the rest. They were like superstars.
I recall when the police were charged for the fatal shooting of a famous gunman from Tivoli Gardens named Rohan Fraser, otherwise called Baugh. It was a truly controversial ruling to charge the lawmen, as Baugh was well known to the point at which he was on a list provided by the Member of Parliament, Edward Seaga, to the police force, publicly naming him as a man who needed to be brought to justice.
This was historic because Edward Seaga was very protective of his supporters in Tivoli Gardens. In fact, what most won’t remember is that Christopher “Dudus” Coke was at the head of that controversial list that Seaga made public.
Well, this is relevant to my opening paragraph about the leading criminal attorneys of that era, because the selected barristers in the Rohan Fraser matter were perhaps the greatest legal team to have been assembled since the 70s.
You see, the 60s and 70s had Dudley Thompson, who set a unique standard of brilliance that few worldwide have achieved.
The 80s and 90s were not short of talent, but the kings were Ian Ramsay, Frank Phipps, Howard Hamilton, and Churchill Neita. By the early 2000s Valerie Neita joined that line-up.
Of the four aforementioned kings, only Frank Phipps was not included in the defence of our lawman charged for the murder of one of Jamaica’s most notorious criminals, the aforementioned Fraser.
I was so impressed with the line-up and disgusted with the charging of the police that I offered my services free of charge as the investigator for the defence and as a crime scene reconstruction expert. I was honoured to be part of that team.
Needless to say the defence team won despite a talented performance by the prosecution, led by Kathy Pike. It was a battle royale.
I got to see the legal brilliance of Ian Ramsay, the poetic delivery of Churchill Neita, and the skills of Howard Hamilton, all in one case.
The passing of Valerie Neita Robertson calls for reflection on the great era that she ruled and an examination of the 20 years to come. Who will rule for the next 20 years?
You still have legends like Tom Tavares Finson and Bert Samuels plying their trade. They, however, are post-60, and 20 years is a long time. So who are the kings and queens of the criminal Bar now and for the two decades to come?
Well, you simply can’t have this conversation without mentioning the obvious: Peter Champagnie, King’s Counsel, who has already secured a spot at the top of the criminal bar, likely for decades to come. Christopher Townsend would also have a place in that line-up if we are looking at a 20-year period going forward.
Unlike the 80s and 90s though, the lines are not so clearly marked in this era. There is a slew of talent that exists quietly, such as Oswest Senior Smith, a graduate of the Ramsay camp. There are also the battle axes like Vincent Wellesley, who shows up for a fight every day. Then there is that line-up of young, talented attorneys like John Paul Hamilton, Donahue Martin, Richard Lynch, and others who are involved in the daily battles of the gun and circuit courts, and who will likely be the kings of the future. They are young, they are junior, but they are coming hard.
Although Neita Robertson was, without a doubt, the most prominent female attorney of her time, and possibly could win the overall category as well, there are other females who are up there as well.
Tamika Harris has been a consistent name in many cases of national interest and has the age to be in the top line-up for 20 years to come.
It is very important for the police to assess who are the best attorneys practising in Jamaica in the criminal courts, because love, like, or dislike it, front-line police have an expectation that they will be charged at some point in their careers.
This has been the norm because this is where the two great forces in our country will eventually clash. The gangs vs law enforcement. Historically, gangs were part of our political process. I’m not saying they’re not now, but it’s not comparable. This era they are distant cousins. Back in the 70s, 80s, and 90s they were, metaphorically speaking, husband and wife.
So the exploitive control they had over inner-city communities and their political representatives inevitably resulted in people telling lies and police getting charged. This was especially common to very active police, who ultimately became very popular.
If you are a hard-working cop, you will become known, and eventually people will give false evidence against you. That’s just your lot in life. Luckily, the duplicity of investigations of current police shootings by the Independent Commission of Investigations (Indecom) and the Jamaica Constabulary Force (JCF) has resulted in a closer examination of these lies.
I recall being in China and receiving a call that I had just abducted a man from Port Henderson Road. It’s just part of the process of fighting organised crime.
These attorneys who, although are called criminal defence attorneys, are actually the same attorneys retained to defend police officers when falsely accused. So, yes, they are our heroes too.
We want to know that the talent that existed in the days of Ramsay still exists today, and will exist in the years to come, because I guarantee you, if you are a front-line police, you will need their help!
Is this a dichotomy? Or is this an opportunity to explain what a criminal defence attorney is?
A criminal lawyer does not defend a rapist because he approves of rape, nor does he condone it. Criminal lawyers defend criminals because it is a requirement that everyone plays his/her part for our system to work. A charge cannot be an automatic conclusion of guilt. A process is necessary and defined by our legal system. If criminal defence attorneys don’t play their part by defending criminals then the system cannot function.
Think about it: Can you imagine if lawyers refused to take cases because the criminal is too notorious? It would mean that they are not playing their part and as a result the system would grind to a halt. Many say they do it well, they put too much effort into it. Well, if I am ever charged, I want the most hard-working, motivated, and professional attorney working on my behalf, and I guarantee you I will be innocent.
We will miss Neita Robertson. I miss her already. I still miss Ramsay. But I am confident that the talent at the top and the core that is coming are ready to protect the next generation of wrongfully accused lawmen and the other innocent who need a hero to protect them.
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