Deputy director of the Police Complaints Authority (PCA) Michelle Solomon-Baksh says while the introduction of the Administration of Justice Indictable Proceedings Act (AJIPA) has the potential to improve the efficiency of the criminal justice system, it must be supported with upgrades in other arms of national security.
The AJIPA has abolished the need for preliminary enquiries to be held transforming the process for indictable matters, such as murder, kidnapping, money laundering and some forms of sexual abuse. The removal of preliminary enquiries allows cases to go straight to the High Court.
Speaking via a video call at the People’s Roundtable civil society crime talks yesterday, Solomon-Baksh said while the introduction of AJIPA is intended to provide a more streamlined process in tackling serious offences and reducing the backlog, it must be supported with similar upgrades in other parts of the criminal justice system.
Of the ten suggestions she offered to improve overall efficiencies and timely completion of criminal matters, Solomon-Baksh said the availability of enough competent professionals to assist in analysing evidence was needed.
“We need more pathologists. Internationally we are seeing a decline in this area of expertise without the post-mortem and scientific reports, there will be an inevitable choke.
“The Forensic Science Centre, Special Evidence Recovery Unit (SERU) and other labs that may generate certificates of analysis and documentary or scientific reports must be efficient.
“At least for the next ten years we actually need to flood these services with several short-term contracts to address the backlog and then rely on a pool that is sustainable. Operationally if we don’t take that first strike with what I described as a battalion of experts, we will choke the new system created for these new masters and Judges,” she explained.
Solomon-Baksh also suggested that video evidence obtained from CCTV or bodycam footage should be included as it would ease reliance on eyewitness testimony, outlining several benefits.
“This will lend itself to plea-bargaining, guilty pleas, formal admissions, saving judicial time, economical cross-examination and safety of witnesses.”
She also recommended additional staffing of the office of the Director of Public Prosecutions (DPP) and a larger pool of criminal defence attorneys.
On the issue of gender-based violence, Solomon-Baksh suggested that such cases be investigated and pursued with the same tenacity as gang-related killings.
“There is a role for community policing with senior officers who are specially trained in this field.
“The courts need the support of the police in serving officers and taking the steps to investigate and charge defendants who breach these orders.
“We need a larger network of lawyers dedicated to this practice. Ideally every chamber, every law firm must have an in-house senior and junior counsel dedicated to respond and serve in this field.”
Solomon-Baksh also implored attendees and fellow speakers to do their part in lobbying for these suggestions to strengthen capacities at all sections of the justice system.
