Detention of the Innocent.
I knew the daughter of the slain SSP McDonald and I shared her grief as his murder was brutal and cold. Yesterday the man charged with his murder was set free after the judge upheld a no-case submission by the defence lawyers. The jurors were instructed to return a not-guilty verdict. The guilty man had been in detention since March 2004 and now 2 years later he was being set free.
There has got to be something wrong in this case. The case depended on the word of two eye-witnesses. They had never seen the accused before but where able, in an area not known for wonderful light, to see him well enough to later positively identify him. When the defence lawyers made a noise about the poor identification in the case the judge was also not pleased and had no choice. Where was the additional evidence?
Detention
That is one thing, but the other is that this possibly truly innocent man has spent almost two years behind bars. He on one hand must feel relieved that justice has been served but on the other hand he could be very upset. Could he have been offered bail with strict conditions? At least he could have carried on his normal life while the case progressed.
This reminds me of another story in Clarendon where a man hearing he was wanted by the police went to the police station in his area . He explained to the police that although he had the name of the man who was wanted he was not the man. He attempted to provide evidence but to his surprise and pain he was instead thrown into to jail. He called his lawyer who could not get the police to change their mind and instead had to take the matter to court a day later. The judge behaved just a little better than to police to innocent man's dismay. He told the police that they should investigate the matter but not hold him for more than five days. Fortunately for him two days later, the police finally released him and as it turned out what he had told him was indeed correct. This innocent man spent four days in detention after he acting as a decent citizen took the initiative to go to the police.
This 'detain first then investigate after' was at the heart of the Agana Barret issue, when over 15 men where stuffed in a cell made for less than a half that number. The detention problem reared its ugly head at the end of the year where three men, two well known in the political, football and entertainment arena, were held for a number of days before a judge had to tell the police to either charge or release the men and to stop this sort of behaviour.
Citizens of Jamaica should be treated on a "innocent until proven guilty" basis. This issue of the police being able to detain people and then investigate leaves too much room for abuse and the leaders of this country need to look carefully at this. If I ever hear that I am wanted by the police what I should I do? SSP McDonald's daughter is still detained by the memory of that sad night while many are wrongly detained by those sworn to uphold the law.
Related
Roberts to be charged or released
Man Freed
There has got to be something wrong in this case. The case depended on the word of two eye-witnesses. They had never seen the accused before but where able, in an area not known for wonderful light, to see him well enough to later positively identify him. When the defence lawyers made a noise about the poor identification in the case the judge was also not pleased and had no choice. Where was the additional evidence?
Detention
That is one thing, but the other is that this possibly truly innocent man has spent almost two years behind bars. He on one hand must feel relieved that justice has been served but on the other hand he could be very upset. Could he have been offered bail with strict conditions? At least he could have carried on his normal life while the case progressed.
This reminds me of another story in Clarendon where a man hearing he was wanted by the police went to the police station in his area . He explained to the police that although he had the name of the man who was wanted he was not the man. He attempted to provide evidence but to his surprise and pain he was instead thrown into to jail. He called his lawyer who could not get the police to change their mind and instead had to take the matter to court a day later. The judge behaved just a little better than to police to innocent man's dismay. He told the police that they should investigate the matter but not hold him for more than five days. Fortunately for him two days later, the police finally released him and as it turned out what he had told him was indeed correct. This innocent man spent four days in detention after he acting as a decent citizen took the initiative to go to the police.
This 'detain first then investigate after' was at the heart of the Agana Barret issue, when over 15 men where stuffed in a cell made for less than a half that number. The detention problem reared its ugly head at the end of the year where three men, two well known in the political, football and entertainment arena, were held for a number of days before a judge had to tell the police to either charge or release the men and to stop this sort of behaviour.
Citizens of Jamaica should be treated on a "innocent until proven guilty" basis. This issue of the police being able to detain people and then investigate leaves too much room for abuse and the leaders of this country need to look carefully at this. If I ever hear that I am wanted by the police what I should I do? SSP McDonald's daughter is still detained by the memory of that sad night while many are wrongly detained by those sworn to uphold the law.
Related
Roberts to be charged or released
Man Freed
Comments
So the innocent or not so innocent could still get some redress.
My question however remains - what of the victim? Where does he get his redress? If the accused has been acquitted and rightly so...then the question to the police would be "where in fact is the guilty party and what efforts are being made to find him/her and bring him/her to justice? - How exactly are investigations being carried out?"
If however the accused was really guilty that's the end of the matter - autre fois acquit is the order of the day. The question to the police would again be - "How exactly are investigations being carried out?"