All prosecutors need to be legally trained

Jun 07, 2009 News

Legal Officer at the Caricom Secretariat, David Fraser

All prosecutors in Jamaica are legally trained, unlike the system in Guyana, Senior Legal Officer at the Caricom Secretariat, David Fraser, told Kaieteur News.
Speaking with this newspaper during a one-day training programme for prosecutors on Thursday, Fraser said that unlike Guyana, in Jamaica these legally trained prosecutors serve both in the Magistrate’s courts and in the High Court.
He said that what was discussed during the recent one-day programme, was the fact that in Guyana the challenge is the police investigations, the inability to find witnesses and the high number of cases that must be dealt with on any particular day. This, he said, creates strain in preparing and also in having the appropriate evidence being put before the court.

According to Fraser, there might be some peculiar challenges in Guyana because of resource issues, however, these are issues that Prosecutors across the Caribbean share.
“Capacity might be greater or lesser in some countries, but certainly in the prosecuting services, there is usually the challenge of having inadequate staff.”
Fraser told Kaieteur News that the training programme was an ‘excellent’ course, since it sought to have prosecutors to examine their role. “The Prosecutor’s role is to present fair and balance evidence to the court, not to necessarily strive for a conviction, but to put the evidence before the court so that the appropriate verdict can be made.”
What is critical, he added, is that prosecutors need to be able to guide investigations to assist police officers to know what is the appropriate evidence required to prove elements of the offence.
“Of course, it comes back to capacity issues because it takes time as well.”
One huge benefit of the training course is that it helps to integrate investigators and prosecutors. They get to know each other better.

The training programme under the Guyana’s Modernisation of Justice Administration Programme, is being funded by the International American Development Bank.
Local prosecutors and police investigators were on Thursday brought together with the main players in the local justice system, in an effort to close the gaps in prosecution that usually give the defence ammunition to obtain acquittals.
This one-day programme was a pilot training course developed by the administration under the Guyana’s Modernisation of Justice Administration Programme.
It was intended to assess and enhance prosecutors’ skill in evaluating the quality of a police investigation, and providing sound investigative advice to the police. The programme was also aimed at helping prosecutors prepare cases effectively, for presentation at Preliminary Inquiries and trials, in ensuring a high probably of success.

The programme brought together for the first time, police prosecutors and senior police officers, the entire legal staff of the DPP Chambers, former high ranking prosecutors and others, so that different perspectives, knowledge, experiences and insights can be shared through frank and open discussions.
The participants will help Guyana’s Justice Administration to identify ways in which prosecutors and police, working together with the judiciary, magistracy, and the public, can improve the likelihood that people who have committed serious crimes will be brought to justice.