Sitting Magistrates object to Rohee’s comments

May 10, 2009 News

– ‘Give us the resources and the overcrowding problem would be addressed’ they say

After Minster of Home Affairs Clement Rohee, slammed the Magistracy and Judiciary for the overcrowding in the prisons, a few sitting Magistrates are appalled at the Minister’s statement.

The Minister had blamed those two institutions for the current overcrowding, which he claims was primarily due to the remand population in the prison.

At the time of the statement, Rohee was debating a motion put forward by the People’s National Congress Reform, which related to the issue of community service as an alternative to sentencing for minor offences.

One sitting Magistrate who asked to remain anonymous stated, “If the Minister is to make those statements he needs to ensure that his police officers come and give evidence in the matters”.

The Magistrate further told Kaieteur News that the Minister berated the magistracy, describing it as “lethargic and slow”.

“If he can do better then he should come. We are working with limited resources and some of us are even working between two courts so we are trying our best,” the Magistrate posited.

The official also explained that there are 18 sitting Magistrates of a quota of 21. “Now you see they would definitely be a setback when we are not having the correct number to work with”.

The Magistrate explained that if the police are as eager when they institute the charges, they should show that same attitude when they need to testify in those matters.

“If they can charge these people they should come to court and give the evidence so that justice can be dispensed and not have the Prosecution, Magistrate and the defence lawyers waiting on them.”

If the police would come and give evidence the matters would be dispensed with quicker and if the defendant were guilty he would be sentenced or if he were innocent he would just walk a free man. But that cannot happen because of some of the incompetent police officers in the Police Force.

“In some instances the Magistrate would issue an arrest warrant for the police but the Station Sergeant who would probably know the officer would decline to bring the police to court so we end right back to square one.”

Another issue the official raised, involved the case jackets. Often these are not being brought to court, thus placing an encumbrance on the case at hand.

Most recent statistics revealed that there were in excess of 800 prisoners at the Georgetown Prison in Guyana awaiting trial in the courts.

This amount could be drastically reduced if there are more Magistrates and better working conditions.

Recently, in an invited comment, Rohee had said that the Government had initiated action aimed at increasing and improving the accommodation at the prisons.

“When the police intensify their enforcement activities, the number of persons on remand or serving custodial sentences would increase. This addition to the prison system would require more vigilance on the part of the Prison Service, to ensure that the prisoners do not escape.

The Magistrate in rebuttal said that if the Minister is so anxious to bring criminals to justice he must first ensure that his officers have sufficient incriminating evidence against these people before they even institute a charge against them.