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Warns of increased 'false imprisonment' claimsPAUL HENRY, Observer staff reporter henryp@jamaicaobserver.com
Saturday, August 02, 2008
HIGH Court Judge Bryan Sykes on Thursday blasted the government for not including in its recently announced anti-crime measures, a programme to boost the island's forensic capabilities which he says hampers the justice system, especially gun-related cases.
At the same time, Sykes warned the police to use their increased powers wisely, saying that he envisioned a spike in false imprisonment claims if prudence is not exercised. He was speaking specifically to the proposal in the anti-crime plan which states that criminal suspects can be detained for up to 72 hours without charge.
"If persons are going to be detained for extended periods of time, and at the end of that time there is no charge, as sure as night follows day, there will be a claim of false imprisonment. And if the case [against the accused] collapses, there will surely be a claim of malicious prosecution," he said.
"In the long run, it is going to cost us," he warned.
On July 22, Prime Minister Bruce Golding - in response to public outcry over the country's spiralling crime rate - announced the new anti-crime initiatives in Parliament.
Among the other measures are:
. Minimum 10 years for gun crimes;
. Denial of bail for serious crimes for up to 60 days;
. Majority of nine jurors of 12 can decide on non-capital murder;
. Police to get access to restricted information;
. Use of DNA evidence; and
. Testimony from secure and remote locations.
On Thursday, Sykes bemoaned the absence a plan to advance the island forensic capabilities.
"This crime plan, as with the other crime plans, does not seem to have a programme for investment in forensics... this [the state's poor forensic capabilities] is the main reason for delay in trials, especially in gun cases," said Sykes, who related a story in which an accused was recently set free because of sloppy forensic work.
"The crime plan needs to look at properly utilising science," said Sykes, whose comments came during the closing of the Easter Term of the Circuit.
Saturday, August 02, 2008
HIGH Court Judge Bryan Sykes on Thursday blasted the government for not including in its recently announced anti-crime measures, a programme to boost the island's forensic capabilities which he says hampers the justice system, especially gun-related cases.
At the same time, Sykes warned the police to use their increased powers wisely, saying that he envisioned a spike in false imprisonment claims if prudence is not exercised. He was speaking specifically to the proposal in the anti-crime plan which states that criminal suspects can be detained for up to 72 hours without charge.
"If persons are going to be detained for extended periods of time, and at the end of that time there is no charge, as sure as night follows day, there will be a claim of false imprisonment. And if the case [against the accused] collapses, there will surely be a claim of malicious prosecution," he said.
"In the long run, it is going to cost us," he warned.
On July 22, Prime Minister Bruce Golding - in response to public outcry over the country's spiralling crime rate - announced the new anti-crime initiatives in Parliament.
Among the other measures are:
. Minimum 10 years for gun crimes;
. Denial of bail for serious crimes for up to 60 days;
. Majority of nine jurors of 12 can decide on non-capital murder;
. Police to get access to restricted information;
. Use of DNA evidence; and
. Testimony from secure and remote locations.
On Thursday, Sykes bemoaned the absence a plan to advance the island forensic capabilities.
"This crime plan, as with the other crime plans, does not seem to have a programme for investment in forensics... this [the state's poor forensic capabilities] is the main reason for delay in trials, especially in gun cases," said Sykes, who related a story in which an accused was recently set free because of sloppy forensic work.
"The crime plan needs to look at properly utilising science," said Sykes, whose comments came during the closing of the Easter Term of the Circuit.
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