REMEDIES ARE AVAILABLE

Feb 20, 2014 Features / Columnists, Peeping Tom

The right to peaceful protest is a constitutionally protected right. Every group has a right to protest and can opt to time protests to coincide with a special event taking place to allow for greater publicity of their cause.
This week a number of organizations joined by individuals staged a protest over the sentencing of an Amerindian teen who was sent to prison for sixty months for violence against a child. The protest coincided with the staging in Guyana of special sittings of the Caribbean Court of Justice.
Since these sittings are attracting public attention, the protests would have benefited from the publicity afforded to this event.
The Caribbean Court of Justice is the country’s highest court. It has appeals from decisions of our Court of Appeal and may grant leave to individuals to appeal their case in front of the judges of the CCJ. It was worrying to read a headline in yesterday’s Kaieteur News about the CCJ overturning a decision of our High Court. This is far from accurate but the intention of that headline cannot be missed. It is a comment about the infallibility of local judges.
The protesters outside Guyana’s International Convention Centre where the sittings were being held were making a similar point. Their point was while they abhor the violence that was meted out to a child by her babysitter; they felt that the sentence was far too harsh.
The protestors have also expressed incidental concerns such as about the swiftness with which the police charged the teenager and the rapid manner in which the case was determined. In respect to the speed of the trial, it should be noted that the babysitter did plead guilty and therefore there was hardly any impediment towards sentencing.
The protests of course will not solve a thing. They will not reduce the sentence of the young lady. There is however in our system of jurisprudence a system of appeals to higher courts.
The protesters have made their point about the harshness of the sentence and now it is time to ensure the babysitter gets justice. The correct way to achieve this is by filing an appeal against the sentence.
It is understood that some lawyers have agreed to do this pro- bono. This is extremely commendable on the part of these lawyers.
Since then, however, there have been counter charges made about abuse suffered by the babysitter while working for the parents of the child. There were also allegations that violence was meted out during the police investigation and a blind eye was turned.
These are allegations which should be investigated by the Police Complaints Authority and if found to be untrue then charges for malicious conduct should be filed.
There are other issues which may be examined including the conditions of work of the babysitter and whether full benefits were paid, taxes and NIS deductions made etc.
None of these allegations however can be investigated unless a certain course of action is taken. Protests are not going to trigger an investigation into the charges made about violence meted out to the teenager in the presence of a police officer. An official complaint has to be made.
For each and every allegation there is recourse but to activate these remedies, complaints have to be filed. If a complaint or complaints are not filed, the authorities cannot act.
The Courts cannot reduce the sentence unless an appeal is filed. The higher judicial authorities cannot change a decision of a lower court simply on the basis of a protest demonstration and reports in the media.
An appeal has to be found and the magistrate in question would have to be afforded the right to justify the sentence. This is how the system of justice works.
And while it may not always work perfect, there are self- correcting mechanisms that can be used to put right any mistakes made. If mechanisms of appeal are utilized more often we will have less tension in our country and less protests too.