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Kern Spencer has right to fair trial
KEN CHAPLIN
Tuesday, March 11, 2008
For all its weaknesses, the criminal justice system and the judiciary in Jamaica have served the people well. A fundamental principle of criminal justice is that the accused has a right to a fair trial and journalists have an essential role to play to ensure that this happens.
It has always been my understanding beyond any reasonable doubt in my journalism career that once a person is charged - indeed, even before a person is charged or the matter is before the court - there should be no comment by the media. In covering a trial, journalists should stick to the facts as presented to the court, and any comment on any aspect of the trial in the media can lead to a charge of contempt of court against the journalist and his media organisation.
In the Cuban light bulb case in which Kern Spencer, a junior minister in the former PNP administration, and others have been charged, there has already been too much discussion in the media which could serve to prejudice the case against the accused. For example, there was much discussion of the case on the Breakfast Club radio programme recently in which certain views were expressed. One of Spencer's attorneys was perfectly right when he said on the programme that matters relating to the case should not have been discussed. The point is that the attorney himself should not have participated in the discussion. His intervention came rather late in the programme. Then there was the matter of one radio station poking fun on Friday at Spencer's confinement. How mean can people get? One newspaper headline was, "The rise and fall of Kern Spencer". But Spender has not fallen. His fall will depend on the judgement of the court. The media has been behaving as if the case has already been tried and Spencer found guilty. Over the past few years I have noticed the trend of attorneys to discuss cases openly in the media. The Bar Association should discourage this trend. As for the media, one hopes that in the new Code of Conduct being drafted by the Press Association of Jamaica, rules would be established to prevent the press from commenting on charges or on trials.
Late but necessary
About 12 years ago Cabinet secretary and head of the Civil Service, Dr Carlton Davis, set up a unit inside his office to monitor public projects to check on cost overruns while work was taking place, as well as the time factor as far as the completion of the project was concerned. The information was published in this column at the time. Dr Davis, a man of remarkable foresight, knew what was happening and sought to put a check on what was taking place. However, corruption in government expanded and control of expenditure on many public projects got out of hand. The small staff assigned to the unit could not cope, and there was political pressure as well. Not long afterwards, corruption on government projects became a culture and cost overrun was a major factor fuelling corruption. Most of the traction of the unit slipped away.
Dr Davis is now urging permanent secretaries and chief executive officers of departments and agencies to adhere to rules and procedures to avoid corruption in the public sector.
Perhaps if Dr Davies had made the call years ago and followed it up with a campaign, corruption would not have become so prevalent in the public sector. For many years the auditor general in his annual report pinpointed irregularities in the public sector, but no drastic steps were taken by the government to stop these scandals. Public servants in many departments had a field day. Some permanent secretaries and chief executive officers failed to report on time and to carry out their responsibilities properly. The level of corruption would not have been so high if permanent secretaries and chief executive officers as chief accounting officers were alert. The government will have to introduce measures to penalise officers, as recommended by the contractor general, who do not conform to guidelines and procedures. By not conforming, it is easier to beat the system.
Corrupt traffic cops
The Police Traffic Department is the preferred place to work for many policemen because that is where the money is, a police officer said to me last week. He said one traffic cop boasted that he made between $25,000 and $30,000 per week from shaking down motorists. Some of the traffic cops are mean, if reports circulating in the city are true. For example, a young man told me that he was stopped by a policeman because the pillion rider was not wearing a helmet, as required by law. After pointing out that it was an offence under the Road Traffic Act, the policeman asked:
"Then what you can do for yourself?" The motor cyclist replied that he had just borrowed $1,000 to buy medicine for his sick child. The policeman insisted that he be given the money. The motorcyclist offered $500, but the policeman demanded the $1,000 and still gave the motorcyclist a ticket.
"It is not for want of trying to build a team of honest traffic cops," said Deputy Superintendent Byron Powell of the Police Traffic Department. "We invite applications, then do a careful selection, train them, emphasise the importance of honesty, check their background thoroughly and observe them closely for one year," he said, Given the nature of their training, the traffic cop should be highly professional. But when the Traffic Department believes they have sent out only professionals based on their response, the fact it that the department is misled or fooled by a few. The moment the cops take up duty the corruption and eagerness to get rich starts."
Another officer believes that some of them seem to be born corrupt. "We have to keep on trying and deal with corruption as it arises," he added. An increasing number of traffic cops have been caught demanding and accepting bribes. DSP Powell has called for more public cooperation in the campaign to catch corrupt policemen.
KEN CHAPLIN
Tuesday, March 11, 2008
For all its weaknesses, the criminal justice system and the judiciary in Jamaica have served the people well. A fundamental principle of criminal justice is that the accused has a right to a fair trial and journalists have an essential role to play to ensure that this happens.
It has always been my understanding beyond any reasonable doubt in my journalism career that once a person is charged - indeed, even before a person is charged or the matter is before the court - there should be no comment by the media. In covering a trial, journalists should stick to the facts as presented to the court, and any comment on any aspect of the trial in the media can lead to a charge of contempt of court against the journalist and his media organisation.
In the Cuban light bulb case in which Kern Spencer, a junior minister in the former PNP administration, and others have been charged, there has already been too much discussion in the media which could serve to prejudice the case against the accused. For example, there was much discussion of the case on the Breakfast Club radio programme recently in which certain views were expressed. One of Spencer's attorneys was perfectly right when he said on the programme that matters relating to the case should not have been discussed. The point is that the attorney himself should not have participated in the discussion. His intervention came rather late in the programme. Then there was the matter of one radio station poking fun on Friday at Spencer's confinement. How mean can people get? One newspaper headline was, "The rise and fall of Kern Spencer". But Spender has not fallen. His fall will depend on the judgement of the court. The media has been behaving as if the case has already been tried and Spencer found guilty. Over the past few years I have noticed the trend of attorneys to discuss cases openly in the media. The Bar Association should discourage this trend. As for the media, one hopes that in the new Code of Conduct being drafted by the Press Association of Jamaica, rules would be established to prevent the press from commenting on charges or on trials.
Late but necessary
About 12 years ago Cabinet secretary and head of the Civil Service, Dr Carlton Davis, set up a unit inside his office to monitor public projects to check on cost overruns while work was taking place, as well as the time factor as far as the completion of the project was concerned. The information was published in this column at the time. Dr Davis, a man of remarkable foresight, knew what was happening and sought to put a check on what was taking place. However, corruption in government expanded and control of expenditure on many public projects got out of hand. The small staff assigned to the unit could not cope, and there was political pressure as well. Not long afterwards, corruption on government projects became a culture and cost overrun was a major factor fuelling corruption. Most of the traction of the unit slipped away.
Dr Davis is now urging permanent secretaries and chief executive officers of departments and agencies to adhere to rules and procedures to avoid corruption in the public sector.
Perhaps if Dr Davies had made the call years ago and followed it up with a campaign, corruption would not have become so prevalent in the public sector. For many years the auditor general in his annual report pinpointed irregularities in the public sector, but no drastic steps were taken by the government to stop these scandals. Public servants in many departments had a field day. Some permanent secretaries and chief executive officers failed to report on time and to carry out their responsibilities properly. The level of corruption would not have been so high if permanent secretaries and chief executive officers as chief accounting officers were alert. The government will have to introduce measures to penalise officers, as recommended by the contractor general, who do not conform to guidelines and procedures. By not conforming, it is easier to beat the system.
Corrupt traffic cops
The Police Traffic Department is the preferred place to work for many policemen because that is where the money is, a police officer said to me last week. He said one traffic cop boasted that he made between $25,000 and $30,000 per week from shaking down motorists. Some of the traffic cops are mean, if reports circulating in the city are true. For example, a young man told me that he was stopped by a policeman because the pillion rider was not wearing a helmet, as required by law. After pointing out that it was an offence under the Road Traffic Act, the policeman asked:
"Then what you can do for yourself?" The motor cyclist replied that he had just borrowed $1,000 to buy medicine for his sick child. The policeman insisted that he be given the money. The motorcyclist offered $500, but the policeman demanded the $1,000 and still gave the motorcyclist a ticket.
"It is not for want of trying to build a team of honest traffic cops," said Deputy Superintendent Byron Powell of the Police Traffic Department. "We invite applications, then do a careful selection, train them, emphasise the importance of honesty, check their background thoroughly and observe them closely for one year," he said, Given the nature of their training, the traffic cop should be highly professional. But when the Traffic Department believes they have sent out only professionals based on their response, the fact it that the department is misled or fooled by a few. The moment the cops take up duty the corruption and eagerness to get rich starts."
Another officer believes that some of them seem to be born corrupt. "We have to keep on trying and deal with corruption as it arises," he added. An increasing number of traffic cops have been caught demanding and accepting bribes. DSP Powell has called for more public cooperation in the campaign to catch corrupt policemen.
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