Bar association says denying some criminal convicts the right of appeal would erode integrity of the justice system

The Jamaican Bar Association has taken issue with a proposal by Minister of National Security Dr Horace Chang that persons found guilty of committing murder at a school should have their right to appeal restricted.

Chang made the suggestion while on a visit to Holmwood Technical High School in Manchester, on Friday, where school bus driver, Rohan Gentles, was shot and killed.

The bar association says while it appreciates that Chang's statement attached the caveat that the restrictions should only be imposed if permissible under the Constitution, it believes that restricting a right to appeal should never be considered a viable way to fight crime in Jamaica.

"If we restrict the right to appeal because of the nature of the crime, we are seriously undermining the integrity of the justice system and not ensuring protection from unfair procedures and laws," the association says.

It notes that the right to appeal ensures that individuals who feel aggrieved by a decision made in a court of law can seek a review of that decision in a higher court.

"This right is a cornerstone of due process, designed to protect individuals from potential errors, injustices, or procedural irregularities in the initial trial. It guarantees the right to a fair trial and serves as a critical step in ensuring fairness when initial trial rights may have been compromised. The constitution ensures that no one is deprived of life, liberty, or property without fair legal procedures," the association said in a statement to the media.

It notes that the Court of Appeal reviews and, if necessary, corrects legal or factual errors made during the trial. This contributes to the evolution and clarification of legal principles, ensuring that laws are applied consistently.

The bar association points out that several factors can contribute to someone being wrongfully convicted of murder, including eyewitness misidentification, false confessions, improper forensic evidence, incompetent legal counsel, prosecutorial misconduct and bias or system issues.

"Using fresh evidence and thorough case reviews, hundreds of individuals convicted of murder and other serious crimes have been exonerated on appeal. These cases demonstrate that the system, while designed to deliver justice, is not infallible," the association says.

It says by offering a mechanism for redress, the appellate process reinforces public trust in the judicial system. 

It is urging the Government to concentrate on implementing reforms to improve the reliability of forensic and scientific evidence, encourage transparency and accountability in law enforcement and ensuring access to competent legal representation for all defendants.

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