COURT of Appeal president Sir Michael Barnett.
By JADE RUSSELL
Tribune Staff Reporter
jrussell@tribunemedia.net
COURT of Appeal president Sir Michael Barnett said the judicial system should be reviewed to determine whether jury trials should be reduced or eliminated.
He and other prominent former and current judges highlighted issues with jury trials last night.
In addition to Sir Michael, Chief Justice Sir Ian Winder, former Chief Justice Sir Brian Moree, and former Justice Sir Burton Hall were panellists during an event at Baha Mar marking the Eugene Dupuch Distinguish Lecture’s 25th anniversary yesterday.
Sir Michael said: “Suppose you have a complex fraud case. A jury of seven persons of humble origins may not be able to fully grasp the complications of a fraud case involving commercial fraud, etc. I'm not sure that's the best way of adjudicating that kind of dispute.
“We do need to take a clinical view as to whether or not there are ways in which we can, in fact, reform the criminal justice system and reduce if not eliminate the number of trials by jurors and the risk involving that.”
Sir Michael said he was involved in cases where his expected ruling was the opposite of the jury’s verdict. He said sometimes he pondered how jurors arrived at the conclusion they did.
Sir Burton said it is wrong that a jury does not have to give reasons for their verdicts, noting that if a magistrate convicts someone, they must give a reason.
Sir Burton questioned how appellate bodies are to reach conclusions if jurors give no reason for their verdicts.
Sir Brian noted that in countries like Trinidad, accused people have the right to elect a trial by jury or a trial by a judge.
“As a halfway measure to test the point, that might be an option to look at as opposed to taking this step you know, in one big move,” he said. “Give the accused person an opportunity to elect and see how that works. I mean, I think it works quite well in Trinidad.”
Sir Ian noted that if jury trials were eliminated, the trial process would move much quicker and there would be no need to struggle finding people to serve.
“All these issues with jurors popping out, jurors popping in, we have difficulties in getting people to serve as jurors,” he said. “It's like pulling teeth.”
Comments
moncurcool 1 month, 1 week ago
This article is a little convoluted, It seems the Court of appeal president is confused as to what he is suggesting. In one instance do aways with jurors (and allow one person to decide; ripe for corruption). In another, give a choice between jury and judge.
pt_90 1 month, 1 week ago
SInce he said it would be a halfway measure to test the point, i take it that the choice option is a compromise proposed.
K4C 1 month, 1 week ago
Holy Mackerel, these judges need to be on diets
hrysippus 1 month, 1 week ago
It is good that this topic is being aired. No one has accused the Bahamian Justice System of not being awful, underfunded, and dysfunctional. Successive administrations have not seen the need to invest the necessary funds to improve the system. The magistrates are woefully underpaid, there are not enough courts, the Prosecution office does not bear comment. A large amount of money needs to be spent over many years to correct things, in my opinion. Perhaps now the issue has been raised the elected politicians may see fit to address the issue, if they have both time and inclination that is.
TalRussell 1 month, 1 week ago
[Same charge. Some have liberty. Whilst others get bused to Fox Hill Prison]. --- Take an $8000 [cash bail range] for possession of a gun charge]. --- The [presumption of innocence for all comrades] --- Favours those with [access to deeper financial pockets having the right to liberty]. --- Yes?
jamaicaproud 1 month, 1 week ago
Its easier to gribe one judge than 12 jurors. Do these guys really think they are smarter than 12 persons? Its interesting in the Caribbean people accuse, Police, prosecutors and and politicians, but judges seem to be off limits.
Regardless of how complex a case it, it boils down to, did they or didn't they do it? If he is not trained in finance, what makes him smarter than the person selling fish on the beach?
themessenger 1 month, 1 week ago
Personally, I would far rather be judged by a panel of justices who are surely blessed with a bit more intelligence than a jury of 12 of my “peers”! I’ll take my chances with m’learned Lords over da set selling fish and crabbie on da beach.
TalRussell 1 month, 1 week ago
[Unsettling Colonialism] of a criminal justice system whose painted portraits hang on the wall. --- Whilst featuring Bahamian Chief Justices (CJs') -- They [all] have darker skin tones, or a lick. --- But ['Dish Out'] is the same harsh [Jail 'Em] sentences' and in the same manner as the CJs' [sent over to the colony from England]. --- Yes?
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