Legal Affairs rolls out US$8M programme to reduce prison overcrowd

Nov 20, 2017 News

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By Abena Rockcliffe-Campbell

While magistrates continue to sentence and remand persons for what can be labeled, “minor offences,” the Government of Guyana is working towards reducing the prison population.

Almost daily, persons are remanded for minor matters. One man was remanded for procession of 1.5 grams of cocaine.
But the Ministry of Legal Affairs has secured a US$8M grant from the Inter-American Bank (IDB) to finance a project aimed at significantly reducing the overcrowded prisons. The project will last for five years.
During an interview, Minister of Legal Affairs, Basil Williams indicated that the grant was secured a few months ago. He said that the money was granted based on a proposal he submitted to the bank.
Williams indicated that his ministry is now putting arrangements in place to execute the grant.
He said that the project is one designed to reduce overcrowding through the employment of several courses used in other parts of the world. These include pretrial liberty, alternative sentencing and restorative justice.
Pretrial liberty will allow resolutions to be met at the police station. Alternative sentences can include a suspended sentence, probation, fines, restitution, community service and deferred adjudication/pretrial diversion.
Restorative justice is an approach that allows the victims and the offenders to mediate a restitution agreement to the satisfaction of each, as well as involving the community.
Further, Williams said that the Ministry will also be establishing a legal aid clinic so that no person will have to go before the court without a lawyer.
Probation services will be needed as well. Williams explained that in the eventuality of successful alternative sentencing there will be a need for many more probation officers to supervise and administer the process.
The Legal Affairs Minister said that provisions have also been made for the establishment of a Law Reform Commission. This Commission will be tasked with drafting legislation to facilitate alternative sentencing and other methods.
Williams said that these projects will be undertaken simultaneously. “We are running on parallel tracks.”
Williams expressed faith in the success of this project and that is why he proposed it in the first place.
“Since I came into office, I made several proposals to the IDB. My proposals speak to issues such as cyber crime and the judicial backlog. “
Williams said that while the backlog in the courts will benefit from the domino effect of this project, “it would not address backlog in any substantial way.”
“With all the measures that we are adopting, one can see that the backlog can be subsumed in those activates.” Williams explained that with some new matters not even reaching the court, magistrates and judges will have more time to address the backlog.
In his Saturday column, Freddie Kissoon said that it is paramount that the government address the over population of the prison.
“We had two horrible prison mayhems that gave this county a hideous image on the international scene. One will remain one of the most violent incidents in the history of the CARICOM countries – the central prison was burnt down.In the other one, 17 inmates were burnt to death. Surely, we cannot have such uncivilized leadership in the 21st century in a country that cannot see that circumstances could evolve to give us another horror show,” said Kissoon.
The columnist opined that magistrates can be more sensitive in handling certain cases given the situation that faces the nation.
He pointed to one specific case saying that “any logical mind would question the remand of an accused for the possession of a single bullet. Any rational mind would know that the committal of a crime has certain circumstances by which you judge the accused.  How can you commit a felony when there is just one bullet found on you?
There is no large quantity of ammunition, there is no gun, there is no machete, there is no steel rod found on you when the police came up – just one, I repeat, one bullet. The police will charge because they say under the law possession of even one cartridge is illegal. But the magistrate has latitude to decide on bail or remand. Magistrate McLennan remanded the man.”
Kissoon continued, “In reporting the case, this newspaper stated; …the prosecutor did not disclose any facts about what transpired…however the objection to bail was upheld… Figuerio told the court he had gone to Lethem to visit his mother.”
We are heading for another prison tsunami if we keep packing people in jail for offences like these? Why is this man on remand when no circumstances were explained to the court?  Is there something seriously wrong about the mindset of the magistracy that we need to question as a nation before another catastrophe strikes again?”

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