Chuck backs Sykes’ criticisms of delayed court reports from cops
Published:Wednesday | October 18, 2023 | 12:08 AMEdmond Campbell/Senior Parliamentary Reporter
Justice Minister Delroy Chuck has suggested that the sustained pleas from Chief Justice Bryan Sykes, for forensic and other reports critical to the start of court trials to be presented in a timely manner, cannot be ignored.
Chuck’s remarks come against the background of a raging debate in law enforcement circles over the chief justice’s decision in recent weeks to offer bail to accused persons owing to inordinate delays on the part of the police to present key reports for the cases to be tried.
Under the headline ‘Bail fury’, a report in the Sunday Gleaner of October 15 detailed how some members in law enforcement have expressed frustration over the granting of bail by Sykes to more than a dozen persons in recent weeks because of delays in presenting forensic reports.
Chuck acknowledged that, if the chief justice had to wait for extended periods for reports to be submitted, it was only fair to the accused “who is innocent until proven guilty that he should have the benefit of bail”.
Noting that many did not agree with the chief justice’s position, Chuck argued that it was the State’s responsibility to have the material available in a timely manner so that the cases can be tried.
Chuck’s remarks came yesterday during a meeting of the joint select committee on the Criminal Justice (Administration) (Amendment) Act, 2023; the Offences Against the Person (Amendment) Act, 2023 and the Child Care and Protection (Amendment) Act.
The justice minister contended that the constitutional right to a fair and reasonable time before trial must be adhered to.
Chuck noted that the chief justice has constantly requested a time period for reports to come in from the forensic laboratory.
“And what I think has frustrated the chief justice in recent times is that the time period of three to six months to get a ballistic report from the forensic lab is now going into years. It is frustrating and I have seen various correspondence from him copied to me, to the forensic lab, to the minister (of national security) to the commissioner of police and it cannot continue like this,” Chuck said.
He said that, for Jamaica to have a modern criminal justice system that succeeds, no case should go beyond two to three years.
The justice minister observed that there were far too many cases in the courts that have not started after three to four years.
“It is not the fault of the accused, it is often the fault … of the State to provide all the evidence so that the case can start,” he said.
“Although a fair amount of investment has been put in the forensic lab, they still lack enough staff.”
He explained that, in murder cases, the courts might need pathology and forensic reports in order to try the case within a reasonable time.
According to Chuck, if a case is not tried in a timely manner, the witness’ memory could fade, which would not be fair to the accused or the State.
He said murder cases should be completed within a maximum of 36 months.
In July, the chief justice dismissed nearly three dozen cases in the Trelawny Circuit Court that were related to the deadly lottery scam because of long wait times for reports from the police’s Communication, Forensics and Cybercrime Division.