This disparity in sentence ought to inform us that we have a dysfunctional justice system

Feb 10, 2013 Letters

Dear Editor,
I refer to an article published in Stabroek News’ Feb 7, 2013 edition captioned “’Burning a joint’ gets vendor two-year jail term”. Below I provide a summary of the facts of the case as reported:
1. Plantain chip vendor, George Chase, was found smoking cannabis on Feb 4, 2013.
2. Mr. Chase, who was unrepresented by counsel, appeared in the Georgetown’s Magistrate’s Court to answer the charge of possession.
3. Upon being read the charge, Mr. Chase offered the following explanation for his actions: He felt like “burning a joint”. Mr. Chase said, “is nah no big, big joint, is a small joint”.
4. Mr. Chase pleaded guilty to the charge of possession of narcotics for the purpose of trafficking.
5. The prosecutor stated that Mr. Chase had no previous antecedents (criminal).
6. Mr. Chase voluntarily admitted to the Court that he was once charged with wounding in Berbice but that matter had been dismissed.
7. Mr. Chase was sentenced to two years in jail and fined $5000. This occurred sometime between Feb 4 and in time to be published on Feb 7 – what swift justice!
I wish to highlight my observations:
1. It was not reported what quantity of cannabis Mr. Chase was found to have in his possession.
2. I assume that it was Mr. Chase’s economic circumstances that prevented him from retaining legal counsel.
3. Mr. Chase displayed significant personal integrity by his correction of the prosecutor that he did have a previous encounter with the law, although this fact was detrimental to his own defence.
4. Mr. Chase pleaded guilty to “possession of narcotics for the purpose of trafficking” although he admitted that he possessed a small quantity.
5. One wonders what difference in severity of punishment exists between “possession of narcotics for purpose of trafficking” vs. “possession of narcotics for purpose of personal use”? Would qualified legal counsel have helped Mr. Chase secure a “more just” sentence?
I choose to employ quotation marks in my description of “more just” given my reference to another article (SN, Feb 9, 2013) captioned “36 kilos of cocaine, ammo, found in Ogle house” which stated:
Last November, 300 kilos of cocaine worth approximately $10M [clearly US$] was found in a container of packaged soap powder at the John Fernandes terminal.
Exporter Dennis Jones took ownership of the drugs and was sentenced to four years in prison. [emphasis mine]
Editor, in my layman’s opinion, this disparity in sentence ought to inform us that what we have is a dysfunctional justice system. I ponder the advice of Proverbs 31: 9 which guides, “Open your mouth, judge righteously, defend the rights of the poor and needy.”
George Bulkan

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This disparity in sentence ought to inform us that we have a dysfunctional justice system

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