Headlines:
| Senior Resident Magistrates calls for the abolition of preliminary enquiries |
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| Wednesday, 26 March 2008 | |
One of
the country's Senior Resident Magistrates has recommended that the authorities
seriously consider abolishing preliminary enquiries, especially in gun related
cases.Senior Magistrate Glen Brown said these inquiries may be a waste of time as in many cases the witnesses are missing in action. He made the suggestion on Wednesday morning while addressing newly appointed Director of Public Prosecutions (DPP) Paula Llewellyn in the Half-Way-Tree Criminal Court. The magistrate, who has repeatedly expressed concern about the continued absence of witnesses in Gun Court cases, told the DPP that he does not embrace the concept of paper trials, where the Crown tries an accused without the witness being present. Mr. Brown told the newly appointed DPP that if she wants to deal with paper trials then she must make the necessary arrangements to have the cases transferred to the Home Circuit Court in downtown, Kingston. Mr. Brown who has been criticised for releasing a number of prisoners facing charges of murder and shooting, maintained that if the witnesses fail to show he would continue to act in the interest of justice. According to the senior magistrate a recent audit revealed that in 70 per cent of the cases now before the Gun Court the witnesses cannot be located. Against this background he suggested that authorities consider legislation to abolish preliminary enquiries. For her part, Ms Llewellyn told him that she will be setting up a committee in her office to examine cases where the witnesses cannot be found. After examining the case files, Ms Llewellyn said her office will then make a decision on them. In recent weeks, defence lawyers have been pressing Mr. Brown to throw out gun court cases where the witnesses cannot be found. In some of the cases, the lawyers argue that the accused have been in custody for more than three years awaiting trial. |