As a young attorney, I am deeply unsettled by the talk of completely abolishing trial by jury. I support Senior Counsel Israel Khan's statement that "only a dictator or a fool" would support the complete abolition of jury trials in this country.
Pamela Elder, SC, used even stronger language against this proposal saying she would rather burn her robes than deal with a jury-less criminal justice system.
Trial by jury is an important check and balance against state power. While it has its faults, jury trials should not be done away with lightly.
There are other options available to help free up resources in the criminal justice system, and these should be explored prior to throwing away the jury system.
For instance, treating the possession of small amounts of narcotics as a public health issue rather than a criminal law issue would significantly reduce the prison population, the number of cases in the criminal justice system and thereby free up resources to deal with violent crime.
First World nations like Portugal and the Netherlands have decriminalised drug use and treat drug addiction through their healthcare systems. Drug trafficking remains illegal but both nations saw the wisdom in not imposing harsh penalties on addicts.
Of convicted male inmates, 13.5 per cent are in prison for the possession of narcotics according to a report produced by a committee lead by Prof Selwyn Ryan in 2013. From attending the Remand Justice panel discussion hosted by the UWI Law Faculty, I came to understand that an even larger percentage of people awaiting trial in the remand yard are there for minor drug related offences.
Proper consultation with all stakeholders is needed going forward. Considering the ethnic and political divides in our nation, we risk further divisions if the jury system is completely abolished.
The public must also have their say on the issue as the jury system is their only chance to interact with criminal justice. The public must be made to understand that jury trials in the common law jurisdiction trace their origin even further back than the English Magna Carta in 1215 AD. Ancient societies such as Greece and Rome also had jury systems where sometimes hundreds of people would participate.
Geoffrey Robertson, QC, once said the following, "Trial by jury is the most venerated and venerable institution of Anglo-American law." We should tread lightly and not seek to so quickly tear down the ancient pillars that undergird our justice system.
Jonathan Bhagan
Attorney-at-law