Court, DPP not to blame for delay in cases

The court can only deal with cases when it reaches its docket, says Justice Christopher Birch.

The High Court Judge’s comment came on Tuesday when he was dealing with the 10-year-old case involving Marville Jamal Harper, of Rock Hampton Road, Jackson, St Michael in which he was charged with unlawfully wounding Akil Turton on September 4, 2012.

Today, Harper was sentenced to pay
$10 000 in compensation in nine months or face the alternative of two years in prison.

In his submission on sentencing state attorney Senior Crown Counsel Oliver Thomas said though the incident occurred in 2012, the case was only sent to the office of the Director of Public Prosecutions in 2020.

Addressing the issue Justice Birch said, “It is no fault of the Office of the Director that the case took so long to get to them, to bring it here and I think I need to emphasize that.

“I think I need to also emphasize in light of some commentary that has gone around the island over the years that it is not the fault of the court. We can only deal with cases as they are brought to us. We have no jurisdiction to go to the investigators, to go to the accused, to go to the virtual complainant, to go to the forensic lab – we cannot hurry these things along. We can only receive them when we receive them,” the judge explained.

He also told prospective jurors in Supreme Court No.5a, over which he presides, that when the system works and judicial officers get things in a timely manner, justice is dispensed as the Constitution demands.

“Sometimes we have to wait on the system to work, we have no choice. This is a case that has taken ten years to get to us. The Director of Public Prosecutions’ office could not hurry this case along because they have to wait on the investigators to bring the documentation. We cannot hurry the doctors to examine the gentleman and unfortunately we cannot go to the accused and force him to say that which he should not say. It all takes time.

“The fact that it has taken ten years to get here does not lie with the court and it does not lie with the prosecution, it certainly does not lie with [the accused in this case]. We can only deal with matters as they are brought to us or as the system allows,” Justice Birch added.