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Janice Allen Ruling Ground Breaking
Janice Allen Ruling Ground Breaking
Thursday, March 19, 2009 - The importance of the Privy Council ruling in the case involving 13-year-old Janice Allen who was killed by a policeman in 2000 and brought by her mother against the State - Millicent Forbes vs. The Attorney General of Jamaica - cannot be overstated.
Although the ruling does not allow the appeal, the decision nevertheless has confirmed one of the appellant’s principal arguments, namely, that fraudulent conduct cannot be allowed to result in an acquittal which cannot be tested in court. The Privy Council has recognised that an appropriate remedy for this injustice is for the Director of Public Prosecution to re-charge the accused policeman. This ruling puts the ball squarely in the DPP’s court. The ramifications for the entire Jamaican Judicial system are HUGE.
In order to re-indict, the DPP need only satisfy herself of two criteria:
a) Whether the facts will support the allegation that the acquittal was procured by a fraud on the court. This criterion ought to be satisfied by the unchallenged affidavit evidence already before the court. Indeed the Full Court referred to those practices as reprehensible.
b) Whether as a matter of law, that would deprive the accused of his plea of (autrefois acquit) double jeopardy. The cases cited in this matter at the Privy Council suggest that unless there was a real possibility of a conviction for the offence at the original trial, a defence of autrefois acquit would not be available.
For years Police officers have been able to escape the consequences of their criminal acts by manipulating the criminal justice system in a manner that puts them in control of the law and above it. It is in the supreme interest of all Jamaica that these crimes are punished and an end to impunity is realised. Then and only then, will a young girl’s death and that of others like her, who have been killed unjustly at the hands of the police, not be in vain.
JFJ calls on the Director of Public Prosecutions, Ms. Paula Llewellyn to urgently review the facts, and the law, in this case and to exercise her discretion in the interests of justice for Janice Allen and the wider public interest. The mistakes of the past do not have to define our future. Jamaica’s Justice system and the delivery of justice could be greatly improved by this singular decision.
Thursday, March 19, 2009 - The importance of the Privy Council ruling in the case involving 13-year-old Janice Allen who was killed by a policeman in 2000 and brought by her mother against the State - Millicent Forbes vs. The Attorney General of Jamaica - cannot be overstated.
Although the ruling does not allow the appeal, the decision nevertheless has confirmed one of the appellant’s principal arguments, namely, that fraudulent conduct cannot be allowed to result in an acquittal which cannot be tested in court. The Privy Council has recognised that an appropriate remedy for this injustice is for the Director of Public Prosecution to re-charge the accused policeman. This ruling puts the ball squarely in the DPP’s court. The ramifications for the entire Jamaican Judicial system are HUGE.
In order to re-indict, the DPP need only satisfy herself of two criteria:
a) Whether the facts will support the allegation that the acquittal was procured by a fraud on the court. This criterion ought to be satisfied by the unchallenged affidavit evidence already before the court. Indeed the Full Court referred to those practices as reprehensible.
b) Whether as a matter of law, that would deprive the accused of his plea of (autrefois acquit) double jeopardy. The cases cited in this matter at the Privy Council suggest that unless there was a real possibility of a conviction for the offence at the original trial, a defence of autrefois acquit would not be available.
For years Police officers have been able to escape the consequences of their criminal acts by manipulating the criminal justice system in a manner that puts them in control of the law and above it. It is in the supreme interest of all Jamaica that these crimes are punished and an end to impunity is realised. Then and only then, will a young girl’s death and that of others like her, who have been killed unjustly at the hands of the police, not be in vain.
JFJ calls on the Director of Public Prosecutions, Ms. Paula Llewellyn to urgently review the facts, and the law, in this case and to exercise her discretion in the interests of justice for Janice Allen and the wider public interest. The mistakes of the past do not have to define our future. Jamaica’s Justice system and the delivery of justice could be greatly improved by this singular decision.
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