"It is when your spirit goes wandering upon the wind,
That you, alone and unguarded, commit a wrong unto others and therefore unto yourself.
And for that wrong committed must you knock and wait a while unheeded at the gate of the blessed.
...And of the man in you would I now speak.
For it is he and not your god-self nor the pigmy in the mist, that knows crime and the punishment of crime."
By Kahlil Gibran
I am compelled point to the glaring hypocrisy at the core of much of the media commentaries surrounding the Whirl Boss and his conviction. Many have been quick to lambaste him, as maybe he deserves to be, but I ask... "What part did the gatekeepers of information have in building the Vybz Kartel they are no so quick to turn their back on?" Were not the media gatekeepers too neglecting their social responsibility by not better regulating the airwaves, and not filtering what was being syphoned to the nation?
I would like to point to the glaring hypocrisy at the core of the decision to free Kern "Bulb Boss" Spencer. The government has shown its will to decisively uphold the rule of law is weak. The impetus for impartiality and legal ethics in our government today is missing.
We live in a time and political climate in Jamaica where the state seems committed to consistently targeting the marginalized, who are not able to buy the best lawyers and with political connections. Rarely, if ever are corrupt politicians and white collar criminals brought to justice. Hence the nation has no faith in the justice system, nor does it believe in the institutions charged with maintaining law and order.
The government has the will to press through anti-gang legislation, public smoking legislation (even as they muddled it), scamming and fraud legislation. Yet to financially and medically empower Jamaicans by legalizing medical marijuana as well as decriminalizing it usage whilst making licensing easy and accessible to Jamaica's poor and dispossessed is something they are willing to pussyfoot around. All while madam PM goes globe hopping I suppose!
Here is a point of note on the rule of law to our ministries of security and justice… Rule of law deals with the range of processes and relationships amongst individual and state. The crucial idea that has grown out of the rule of law as it has developed in the UK and is adopted here in Jamaica, posits in Albert Venn Dicey’s understanding that “the law should not be arbitrarily or capriciously administered by those in power”
The Constitution of Jamaica implicitly states that the power or duties of each arm of government should not overlap... Yet Resident Magistrates don’t have security of tenure as part of the public service and fall within the executive arm of the state. Hence the Court System we have before us may very well contravene the constitution and the notion of the separation of powers as well as undermining the doctrine of rule of law. The Jamaican RM Court is a one of a kind in the world. No other such structure exists. An arbitrary structure, with arbitrary administration and hence the arbitrary administration of justice.
Let us not forget the mess made in the creation of the gun court, it was an embarrassment in Jamaican scholarship and jurisprudence. The unusual features of the Gun Court have faced legal handicaps, some of which have forced amendment of the Gun Court Act. The Gun Court has faced criticism on several fronts, most notably for its departure from traditional practices, its large backlog of cases, and for the continuing escalation in gun violence since its institution. If these things are not proof that we need better jurisprudence and more honest and fair delivery of justice.
A 1993 County Report on Human Rights Practices in Jamaica from the United States Department of State noted the denial of a "fair public trial" and alleged that Gun Court trials observe "less rigorous rules of evidence than in regular court proceedings."
The Canadian Bar Association's Jamaican Justice System Reform Task Force noted that the Gun Court is overloaded, that defendants are not well represented, and Crown attorneys are often inexperienced. Hence even internationally it is evident and plain to see that we are a unique court system and a particularly arbitrary one!
If we are to move forward as a nation we must cut these wretched political hypocrisies in our system!
I close with a quote from - John Adams, “Nip the shoots of arbitrary power in the bud, is the only maxim which can ever preserve the liberties of any people.”
