KINGSTON, Jamaica, Thursday July 7, 2016 – Attorney General Marlene Malahoo Forte says she isn’t only talking tough when she declares an assault on crime, and murders in particular. She’s about to get the weapons she needs to battle the scourge – and it could impact on even law-abiding citizens.
“These are no ordinary times; we have to act,” she declared Parliament. “To successfully tackle the murder problem, some of the fundamental rights and freedoms which we have guaranteed to our people may have to be abrogated, abridged or infringed, because the evidence we are examining convince us that such action may be demonstrably justified in this free and democratic society”.
Those comments set the tone as the Attorney General went on to announce that Government will be making “radical changes” in a bid to curb the murder rate. The measures will include abolishing jury trials for murder and refusing bail to accused murderers.
“Crime is Jamaica’s number one binding constraint to growth. Among the categories of crime, murder poses a particular threat,” she said. “While judicial discretion must be preserved and respected, Parliament, in the exercise of its powers to pass laws for peace, order and good government, will have to set the threshold for the consequences that will flow when people choose to murder and cause mayhem.”
Malahoo Forte disclosed that Government would be seeking to amend the Bail Act this year, and adjustments will also be made to several other pieces of legislation, including the Criminal Justice (Administration) Act, Jury Act, Evidence Act, Criminal Justice (Plea Negotiations and Agreement) Act, Firearms Act, and Offences Against the Person Act.
“We are going to make some radical changes. Right now, the sentiment is one of ‘no bail for murder, unless self defence arises on the Crown’s case and the likelihood of an acquittal is high’. We are thinking of abolishing jury trials for murder and go ‘judge-alone’,” she revealed, adding that the practice of allowing accused to make unsworn statements from the dock will be done away with.
“We must settle the Crown’s right to appeal. We will have to set up a special track to try murder, taking into account the realities surrounding the scheduling of cases in the courts.”
Minister of National Security Robert Montague further announced that Government will purchase tracking dogs from Cuba to help in the search for drugs and weapons, and increased technology will be used in all aspects of policing; a national CCTV system is on the way; more non-lethal weapons will be deployed; retired police will be recruited as special district constables on a voluntary basis; and searches will also be increased.
And he also delivered a warning that he was not in the least bit afraid of them: “Let me be very clear, this minister and the ministry he leads are not afraid of the forces of lawlessness and the criminal kingpins in this country. We will not shirk in this war against those who would challenge the authority of the State and bring untold terror to the people…There will be no comfort for the wicked, no rest for the weary, and no safe haven for the criminal.”