THERE is an awful lot going on in our courts today but not much as it relates to justice. I make this scathing remark when you think of the many cases that go abegging for want of proper prosecution or no prosecution at all or the many instances when the villains go free and the victims stand helpless, bereft of any dignity. That victim then has to walk away with a deep sense of hurt that yet again, he/she has been violated by a justice system that should have protected him. Then it behoves this writer to posit, where is the principle involved here? Where is justice? Where is fairness as it relates to me a human being? All of these questions are there begging for an answer.

I am particularly perturbed by the high incidence of laxity in our courts when it comes to the crime of choice, “robbery under arms.” The strange thing about such matters is the way in which some criminals are tried. In the first instance, this is a serious crime that should be given great attention with the utmost severity in sentencing.
This is not to be because for starters cases of this nature have these lengthy delays with long, drawn out postponements that when they do go to trial the accused most likely will walk free. Reasons being the eyewitness’s account becomes cloudy as memory fails due to the long delays; circumstances that defence lawyers prey on and justice is denied its due course. Eyewitnesses may even die before cases are called up, another legal impediment that is ever so common in our judicial system. When things of this nature take place it tells me that sinister operatives are in the background that we are not aware of.
Justice then as we’ve come to know it has become a farce. The situation is more distressing when murder is the end result of the armed assault which means that the relatives are robbed of their loved ones, their property and their dignity as many an armed robbery assailant purposefully lavish the stolen loot on themselves right before the very eyes of the victim.
I will use the Guyanese terminology here because of its effectiveness “that bun me yeh” to know that the murderer/thief is right under your nose and nothing can be done about it. Certain criminals are prime beneficiaries of such privileges. I am speaking here of repeat offender, known felons, people who are well acquainted with law enforcement and the court. Right now there are three cases before the courts involving repeat offenders who keep beating the system time and time again because they are allowed to. Some members of the justice system are also complicit in this kind of pappy show; they make excuses such as they cannot proceed with a case solely based on circumstantial evidence and this nonsense clause of having to proceed with caution due to technicalities.
So what do we have here is a justice system that is broken in resolve, lacking purpose or objective, with the populace left to the mercy of unrelenting criminals. However, I am still optimistic that amidst this gloomy scenario that there is a way out and here’s my case:

1. Cases can be solved using circumstantial evidence. This point is clear when we recall the matter involving Sean Collier aka “picture boy.” He was caught redhanded in a house with a cache of weapons, the ballistics report of which showed a positive match to one of the weapons he was caught with. His case ended in a hung jury based on the so called expert testimony of a paediatrician and not a ballistics expert. Let’s put that “expert” testimony aside; why wasn’t he pulled in guilty on the fact of being in possession of illegal weapons that matched one at the murder scene? Are you telling me that it is okay for criminals to have illegal guns? Unbelievable! This is justice par excellence! Notwithstanding, the direction of the suspect judge for them to return a verdict favourable to the accused, thank God the jury thought otherwise. He is set for a retrial which should see him getting his just deserts based on factual evidence provided.

2. It is clear that some members on the bench are in collusion with certain select members of the defence team, judging from the fact that cases have long delays to trial or there are lengthy postponements. I was reliably informed by a member of the justice system that the lengthy postponements are due to overtures made by the defence to the trial magistrate/judge that he is robbed of his full payment for services when cases get speedy trials. So there you have it a clear sign of what justice is all about in Guyana. When justices dance to the music of certain defence teams, one does not have to wonder why we have such outrageous decisions in our courts. Who cares about defence lawyers and their fees?  Should justice be perverted just to satisfy the whims and fancies of the defence? Must justice be sacrificed at the altar of filthy lucre? This is preposterous!

3. Then there is the money-laundering factor; the application of this law remains an illusive dream. As we speak there are two glaring examples now engaging the courts, namely, Kevin Nelson and Randy Morris? These guys should have been put away for life long before now if the money laundering laws had been enforced. Our justice system has failed us yet again to the point where the two criminals are laughing their way to the bank much to the distress of victims and the annoyance of a peaceful, law abiding public. Things have gotten so bad that these career criminals can still find time to commit crimes during the intervals that punctuate their many trials. They can still carry out successful robberies because in the first place the tools of their trade (guns) are never far away and the justices who try them fail to apply maximum sentences.  How long will this lawlessness persist? How long must society be held hostage? I hasten to say until the patience of the lawmen runs out then the criminal apologists will seize the opportunity to cry police brutality!  Let me tell you a story of one such money launderer, his resume youthful vigour, no occupation, career criminal. He is known to have carried out many a successful heist being brutal and greedy while conducting his criminal pursuits. His activities were conducted at a time when the U.S. Government was dogmatic as it relates to proof of fixed assets, the bandit turning up at the embassy to lay hold of his claim. He is now an American citizen who periodically returns to his homeland to party. The point I’m making is, had the money-laundering law  been applied in its strictest sense, this criminal would have been nabbed right here in Guyana. But this was not to be because he was never convicted of a crime, he eluded this at every trial, and secondly, the courts failed to investigate his acquisition of assets without proof of lawful income.

4. I would be a tireless advocate for stiffer penalties for gun crimes due to the prevalence and barbarity of the crime. Immediate seizure and confiscation of vehicles used to facilitate these crimes. It is a sure way to bring an abrupt end to this spate of armed robberies. Government needs to take a serious look at its justice system. It certainly needs an overhaul.