#BTEditorial – Our judiciary has been placed in excellent hands

From all accounts, the oversight of Barbados’ judiciary has been placed in the most capable hands of Chief Justice Patterson Cheltenham. Those who know him most, speak of a man of great intellect, fearlessness, unswerving commitment to the pursuit of truth and justice and dedication to the betterment not only of the functioning of the judiciary but by extension the wellbeing of Barbados.

His tenure coincides with a period of unprecedented gun violence, murder and mayhem. There has always been crime in Barbados and there always will be. But never before has there been such brazen slayings of citizens on the streets, in their homes, at restaurants, hotels, within the precincts of churches, schools, clinics, hospital, entertainment cruises, shopping malls, rum shops, dance halls, parties, stand pipes, under trees, on beaches, walking with girlfriends, watching movies,
at ATMs, even while driving en route to purchase a loaf of bread. No place and nothing is sacred anymore.

While would-be crime consultants are hired and handsomely paid, and government ministers make ineffectual speeches and duplicate legislation, and sociologists, criminologists, psychologists and all manner of ‘ologists’ have their say, the crime status quo in Barbados remains the same.

If anything, it has grown worse over the past couple years. Despite the prayers, candlelight vigils and expressions of indignation, bloodletting is still staining the country and parents are still mourning and burying their sons – good or bad –  much too early.

We do not expect our Chief Justice to work miracles but his track record is such that there is cause for optimism that one of the sources of Barbados’ problems – the judiciary – will attract his obvious and dedicated attention.

Of course, we appreciate that at the end of the day the job of wrestling violent crime to the ground rests on the capable shoulders of the Commissioner of Police and his hardworking and highly competent men and women. But they need help. And specifically, they need the help of the Chief Justice.

Recently, Commissioner of Police Tyrone Griffith lamented that guns were still entering Barbados through its ports of entry. It is a charge he made some years ago and at which some chose to scoff.

Mr Griffith was proven right then and he has been proven right subsequently. That he has made the complaint again is an indictment on everyone who punches a card at those facilities, signs a register, clears a barrel, inspects cargo and has relevant information about the importation of contraband and says or does nothing. The irony is that there is the possibility that the blood splattered on the streets one day might have its origins in the silence or complicity of some kin working within our ports of entry. But we digress.

While Commissioner Griffith has spoken passionately about the goings-on in our ports of entry, he has yet to demand answers from the powers-that-be on a situation that according to many members of the constabulary, is creating night and daymares for that institution. And this relates to the ongoing granting of bail to a proliferation of men charged with gun-related murders.

Perhaps, our new Chief Justice will demonstrate that fearlessness for which he is known, to have a number of questions answered by those under his charge. Though we have been told that presently there are about 30 persons on bail for murder, it might be more instructive for him to find out the exact number of persons on bail with capital charges.

Among the questions that those in authority ought to provide answers to
Mr Cheltenham should be: How many persons accused of gun-related murders are on bail? How many are on bail for multiple gun-related murders, in some instances with murder charges received while on bail for murder? How soon after the murder charges have some persons received bail? How many instances are there where murder accused have been granted bail and police have produced no corresponding crime files?

How many instances are there where files have been swiftly prepared by police following the commission of the crime, evidence disclosure given to lawyers of accused murderers, but they have still been granted bail without their cases
being started?

What are the specific criteria being used to give bail to accused with
gun-related murder charges; do bail conditions vary from one murder accused to another? Are the conditions of bail for murder accused, for example, daily or weekly police station visits, scrupulously monitored by officers?

Are the families of victims notified that persons charged for killing their kin have been bailed? Are persons charged with gun-related murders being bailed across the judiciary or is there a specific judge or judges granting bail? What percentage of overall violent crime being experienced in Barbados, is being committed by individuals already with multiple bail releases?

We have no doubt that the new Chief Justice will be doing all in his power to improve efficiencies and accountability in the judiciary. We are also confident where answers are to be provided to obvious questions that he will demand explanation.

The machinery of justice will fail if it functions at one end but is clogged at the other. A canine chasing its tail is an amusing sight but law enforcement officers annually pursuing the same bloodthirsty individuals because of questionable situations in our judicial procedures is not.