People must feel safe to “say something”

Barbadians are being asked to do more than simply speak up. They are being asked to stand up. In a society increasingly affected by gun violence, the simple act of standing may feel like walking a dangerous tightrope.

The recent collapse of the murder case involving the tragic killing of 20-year-old Shae Hackett reflects a troubling pattern that cannot be allowed to continue, as our justice system cannot function without witnesses coming forward to testify in court and a system that allows them to feel protected.

Deputy Director of Public Prosecutions (DPP) Krystal Delaney’s frustration this week is both understandable and warranted. Her comments, following the dismissal of the murder case against two accused men due to a lack of on-the-record testimony, underscore a critical weakness in our criminal justice system. The problem is not in our laws, not in the work of our police officers, but in the witness box.

In this case, a man who once gave a sworn statement to police linking firearms to the accused, then took the stand only to deny ever seeing any weapon. The State was left with no viable path forward.

Without evidence from the lone eyewitness, the prosecution could not continue. The accused men walked free.

This is not a commentary on the guilt or innocence of those two men.

It is about what it means when a witness recants his story or simply refuses to repeat what they initially said. The effect of that is disrupted justice.

Let us admit that silence can sometimes be about survival.

Just weeks ago, there were reports of a brazen attack on the home of a key witness in another murder case. This was not an act of vandalism.

The affected family believed it was a signal that cooperating with the courts could come at a heavy price. Against that backdrop, is it possible some witnesses might develop “amnesia” when the time comes to testify? That is precisely why legislative changes to allow for witness protection were not only necessary, but overdue. Recent changes to the legislation to allow for witness protection, anonymous testimony in certain high-risk cases, and the use of video links help to shield identities. These are important defenses against those who seek to intimidate witnesses to crimes.

The deputy DPP is right to remind Barbadians that justice does not end with a police report. The obligation to speak out is ongoing, not one-time. When the court calls, the courage to come forward again and say what they have seen is essential. The integrity of the justice system depends on it.

At the same time, we cannot ask people to be brave in the face of real danger without offering them real protection. Neither can we ignore the signs that witness intimidation is becoming more prevalent.

We need to make the public fully aware of what protective mechanisms are available to them. Witnesses should not have to wonder if their safety will be guaranteed.

Secondly, police must act swiftly when threats are made, or intimidation is suspected. Any attempts at harassing witnesses should be treated seriously and the appropriate measures taken against the culprits.

We also affirm that the courts and the prosecution must continue to advocate for modern tools, including expanded use of pre-recorded testimony, secure transportation, and even psychological support for witnesses in traumatic cases.

As the deputy DPP outlined: “We are at the stage in Barbados where most of us are concerned with the crime, especially crime as it relates to firearm crime and we ask persons that if they see something then they should say something.”

She added: “The evidence must come from the witness box and if we have persons who are not willing to come to court and not willing to say what they saw, then we have no case.”

We as citizens must begin to shift our view of witnesses. They cannot be viewed as “informers” but brave, civic minded people whose willingness to come forward and provide evidence to the courts, makes all of us who live on this island safer from the criminal menaces.

Justice cannot function on whispers and walk-backs. It needs the voices of citizens who understand that to see something is only the beginning but all the way through the process.