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Laws of the land must be based on justice, honesty & truth
AR COLEMAN
Monday, November 19, 2007
FOR the country to move forward faster in all departments in this island, the laws of the land must be upheld based on justice, honesty, and truth. I would like to mention a few instances where cases dealt with by the courts of this land lacked, in my view, justice, honesty, and truth.
Janice Allen case: This 13-year-old girl was alleged to have been killed by the gun of a policeman. Information which surfaced revealed that statements collected by the police officer was destroyed or burnt at a particular police station. The case went to court, and the policeman was freed because the judge was told that the policeman who took the statement was off the island. In my view, this case should have adjourned sine die. Where is the justice?
Braeton - seven youths killed: From information gathered, 40 policemen surrounded the house where these boys were and shot them several times in their heads, with the police allegedly shooting from outside the building. To date, I cannot understand how all seven could have been shot several times in their heads, as one bullet to anybody's head would make him fall to the ground, in this case to the floor. The police should have used tear-gas to subdue the boys. The case went to court, and again the policemen were freed. Where is the justice?
Crawle - four persons killed in Clarendon: The information presented suggested that these four persons were in a room with a little girl when the police entered the room and took the little girl from her mother's arms and put her outside under a tree. The police then went back into the house, at which time several shots were heard. At the end of the 'shooting', two men and two women were killed; it was revealed that two guns were sourced from someone in Kingston, which were allegedly 'planted' on the scene, indicating that there was a 'shoot-out'. It was further revealed that the person from whom the guns were sourced wrote a statement indicating that he was contacted by the police to supply the guns. Such statement was not tendered in the court and neither did the alleged person from whom the guns were sourced attend court. A policeman who was a member of the police party gave evidence that there was no shoot-out. The case went to court, and the policemen were freed yet again. Where is the justice?
The Eastern Hanover Seat: In my 27 years of experience in election work, coupled with my wife previously being a returning officer, I have never heard of any judge rejecting ballots that were duly cast for a particular candidate. I have attended several magisterial recounts, and the only things the judge in those days were interested in were:
. The poll books - to verify the number of persons voted.
. To see which candidates the voters voted for.
. Both the returning officers and the judges always indicated that NO voter should be deprived of their vote.
From a report in the papers on Monday, October 22, 2007, the Supreme Court stated that if certain marks are not on the ballots, they should not be counted. This, in my view, is an unfortunate statement which is now telling me that the voters' rights have been taken away. What about Section 13 of the Constitution which dealt with fundamental rights and freedoms of the individual? What about the Electoral Law in Section 38 of the Constitution which states, once a person is entitled to vote, and identified as a voter, that person should be allowed to vote? How can a voter be deprived of his choice of voting because the Electoral Office or presiding officer does something wrong?
A case in point: When my wife was a returning officer in South East St Andrew, two ballot boxes came into the counting station without ballots. The Electoral Office then asked her to do the enquiry into the missing ballots. Lawyers from both political sides of the "fence" attended the enquiry - KD Knight for the PNP, and Wentworth Charles for the JLP.
My wife then contacted several prominent persons who know about electoral matters in order to assist her in exercising justice. She then accepted the advice given to her by a respected politician, that there is a change of the law in a particular year which stated that the result written on the ballot boxes can be accepted. The absent ballots were awarded as stated on the boxes, and the PNP won the division. A lesson can be learnt from this particular case; justice was served in this instance.
We need justice, honesty and truth in this country!
A R Coleman is a justice of the peace and lay reader at the Harbour View Anglican Church in Kingston.
AR COLEMAN
Monday, November 19, 2007
FOR the country to move forward faster in all departments in this island, the laws of the land must be upheld based on justice, honesty, and truth. I would like to mention a few instances where cases dealt with by the courts of this land lacked, in my view, justice, honesty, and truth.
Janice Allen case: This 13-year-old girl was alleged to have been killed by the gun of a policeman. Information which surfaced revealed that statements collected by the police officer was destroyed or burnt at a particular police station. The case went to court, and the policeman was freed because the judge was told that the policeman who took the statement was off the island. In my view, this case should have adjourned sine die. Where is the justice?
Braeton - seven youths killed: From information gathered, 40 policemen surrounded the house where these boys were and shot them several times in their heads, with the police allegedly shooting from outside the building. To date, I cannot understand how all seven could have been shot several times in their heads, as one bullet to anybody's head would make him fall to the ground, in this case to the floor. The police should have used tear-gas to subdue the boys. The case went to court, and again the policemen were freed. Where is the justice?
Crawle - four persons killed in Clarendon: The information presented suggested that these four persons were in a room with a little girl when the police entered the room and took the little girl from her mother's arms and put her outside under a tree. The police then went back into the house, at which time several shots were heard. At the end of the 'shooting', two men and two women were killed; it was revealed that two guns were sourced from someone in Kingston, which were allegedly 'planted' on the scene, indicating that there was a 'shoot-out'. It was further revealed that the person from whom the guns were sourced wrote a statement indicating that he was contacted by the police to supply the guns. Such statement was not tendered in the court and neither did the alleged person from whom the guns were sourced attend court. A policeman who was a member of the police party gave evidence that there was no shoot-out. The case went to court, and the policemen were freed yet again. Where is the justice?
The Eastern Hanover Seat: In my 27 years of experience in election work, coupled with my wife previously being a returning officer, I have never heard of any judge rejecting ballots that were duly cast for a particular candidate. I have attended several magisterial recounts, and the only things the judge in those days were interested in were:
. The poll books - to verify the number of persons voted.
. To see which candidates the voters voted for.
. Both the returning officers and the judges always indicated that NO voter should be deprived of their vote.
From a report in the papers on Monday, October 22, 2007, the Supreme Court stated that if certain marks are not on the ballots, they should not be counted. This, in my view, is an unfortunate statement which is now telling me that the voters' rights have been taken away. What about Section 13 of the Constitution which dealt with fundamental rights and freedoms of the individual? What about the Electoral Law in Section 38 of the Constitution which states, once a person is entitled to vote, and identified as a voter, that person should be allowed to vote? How can a voter be deprived of his choice of voting because the Electoral Office or presiding officer does something wrong?
A case in point: When my wife was a returning officer in South East St Andrew, two ballot boxes came into the counting station without ballots. The Electoral Office then asked her to do the enquiry into the missing ballots. Lawyers from both political sides of the "fence" attended the enquiry - KD Knight for the PNP, and Wentworth Charles for the JLP.
My wife then contacted several prominent persons who know about electoral matters in order to assist her in exercising justice. She then accepted the advice given to her by a respected politician, that there is a change of the law in a particular year which stated that the result written on the ballot boxes can be accepted. The absent ballots were awarded as stated on the boxes, and the PNP won the division. A lesson can be learnt from this particular case; justice was served in this instance.
We need justice, honesty and truth in this country!
A R Coleman is a justice of the peace and lay reader at the Harbour View Anglican Church in Kingston.
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