Johnson: Swift Justice was politically contrived

Mon, Dec 7th 2015, 11:55 PM

Despite the successes touted under the government's Swift Justice initiative, Bar Association President Elsworth Johnson said yesterday the program is too politicized.

"I do not subscribe to Swift Justice," Johnson told The Nassau Guardian as he reflected on the country's crime situation. "Our constitution speaks to a trial within a reasonable time before an impartial, fearless and independent judiciary. Swift Justice is a concept that was politically contrived. You do not tie these constitutional concepts to political aspirations. So when you are dealing with the court, it is to be independent because no matter who wins, you want a fearless court to determine cases in the interest of justice."

Attorney General Allyson Maynard-Gibson, QC, from time to time provides statistics on the number of convictions and bail granted while acclaiming the successes of the Swift Justice program. Johnson said in the administration of justice, the executive's job is to provide the judiciary with resources needed in terms of technical support so members of the judiciary can remain independent and not attached to a "political agenda".

"You must be very careful that you don't cross over into the lines of the judiciary and be careful that those lines don't get blurred. Otherwise, it flies in the face of what the courts are to be doing."

Last month, a new murder record was recorded, bringing into focus matters related to the administration of justice and the fight against crime. Police Commissioner Ellison Greenslade said the murder count will continue to rise unless the government introduces policy and legislative changes. He was referring to the country's bail laws, which he contends do not go far enough to keep repeat offenders behind bars.

The commissioner hit out at the judiciary for handing out light sentences to those convicted of "egregious crimes". But Johnson said the problem can't be laid solely at the feet of the court system. He suggested the police should take some of the blame.

"You have to break these down to the common denominator," he said. "People say that people would get bail, but ask them why. Ask them how the statements were taken. Ask them whether or not the statements were voluntary. Ask them how judges set out three matters and none come off. Ask them about really protecting witnesses. The level of nepotism is really too high."

Johnson said while he has great respect for the commissioner, Greenslade needs to make better use of the force's resources.

"The police are doing everything else rather than policing," Johnson said. "Urban Renewal should be for social workers. The Police Act is clear. Yes it's good that they are breaking down houses and doing all of these things, but put some people there who could give these people some counseling and channel the (police) resources where [they] need to go."

The murder count stands at 138 for the year -- an average of one murder every 2.5 days. Last year this time there were 114 murders.

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