The Magistracy

May 29, 2009

I am truly amazed and in some ways saddened by the reaction of certain segments of the society to Justice John's comments on the issue of extraordinary sentencing and strange decision making practices by some magistrates as if to suggest that Justice John is in the wrong. As someone interested in equal justice for all, I cannot stay silent on this issue, even if speaking out against the status quo means acting to my detriment.

The matters specifically cited by Justice John were truly appalling.

In one instance a sentence of three years in jail was handed down to a 21 year old first time offender who pleaded guilty to the possession of 35 grammes of marijuana. The Court of Appeal substituted this sentence with a fine of $500 or seven days in jail. Imagine passing a sentence of 36 months in jail with hard labour when a fine of $500 would be more appropriate in the circumstances.

In another instance, a sentence of 12 months in jail with hard labour and disqualification of him from having a driver’s permit for three years was handed down to someone who had pleaded guilty to driving without a permit and insurance on May 12, 2008. The Court of Appeal substituted that sentence with a fine of $500 for not producing a driver’s permit, and $2,000 for not having insurance. The man was also disqualified from holding a driver’s permit for one year.

The disparities in sentences are extremely significant, especially in light of the untold damage that takes place in our nation’s prisons.

On the one hand two people's lives could have been completely ruined. The frustration brought about could have very possibly led to a downward spiral into lives of crime as with so many others. On the other hand, these men now have the opportunity to hopefully learn from their experience and continue their positive development.

The segments of the society that have come out against Justice John's comments seem to ignore this very significant fact.

I must say without hesitation that there are very good magistrates in the system, recently I was before a magistrate who went out of his way to ensure that the truth was found and that justice was done in circumstances where the police officer was lying to the court and it would have been easy to dismiss the claims of the defendant. Unfortunately, there are those magistrates who operate like tin gods and treat human life as some kind of disposable commodity which has in my view contributed in no small way to the frustration felt by the disenfranchised in the society and this must be addressed and corrected.

To pretend that we are without fault is the one sure way of ensuring that we will continue to be faulty.

Justice John's observations were spot on. Harsh, but spot on and I hope that those learned and respected institutions that have come out in condemnation of his comments will reflect on the reality and do what they can to correct it.

Justice must be done and seen to be done for the poor as well as the wealthy and powerful.

Garvin Nicholas

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