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06th March 2010
Cowards, Softies or What?

Last week I recalled part of a conversation with a stranger who said he was a regular visitor to this island and who seemed very concerned with rising crime. He planned to build a retirement home and spend more time here. I had to be perfectly honest with this person who had obviously developed a love affair with Saint Lucia. I concluded our frequent visitor could be of positive use to this island’s development in his medical profession and from the obvious contacts in his native America. I therefore decided to reproduce here snippets of our conservation for the benefit of those interested in knowing how others see us. Our visitor fingered the magistracy and others in the legal system as a weak link in the island’s overall development. At one point he posed this question: Are your magistrates’ cowards, softies or what? Based on the trend of the conversation, the clear implication was criminals found guilty after being caught and prosecuted by the police were too often allowed to leave court with a mere slap on the wrist. Our visitor claims (as do many others who live and work here) to have observed a definite ‘soft touch’ by certain magistrates when dispensing justice. The sad fact leads one to conclude that few bad eggs (and facilitators?) have permeated both the police force and the judiciary thereby compromising the entire legal justice system. If this is really so concluded our visitor, it is bound to affect the social and economic development of the island.
He added: “When the police finally do its work correctly and prepare a suitable case against an apprehended criminal, one can only imagine the degree of frustration when bandits are allowed to get away with only a light slap on the wrist. This can corrupt good policemen.” I assured him as best I could, that that was something no one on this island wanted. Before the recent killing and wounding of two policemen last week, the work of police had come under closer scrutiny by persons discussing crime. Citizens and residents alike are apparently becoming increasingly worried that the problem of crime and criminal activity here may have infiltrated the very heart and soul of this island’s legal justice system.
With the growing distrust in the crop of individuals offering to engage in party politics here, many are quietly concerned about the future of this country and its politics. The undeniable fact remains that many persons – including frequent visitors to the island are wondering \ aloud whether our politicians have the will or the guts to do what it takes to stop crime in its tracks. Can those concerned investigate the magistracy (and the police) and set this island on a more civilized and proper path to social and economic development.
We know the saying; there is no smoke without fire. In the present climate of political dog-fighting-contest for attention, one wonders how many of these new fangled politicians are merely waiting to take their places at the feeding trough, forgetting people and country once there.
Those who wish to discuss the subject of crime more thoroughly and to examine the role of lawyers and magistrates in the process would do well to first discover when exactly the undermining of the process of law and order took hold on this island. Many here can recall when marijuana cases were first heard in local courts and the scruffy, unkempt young men who were dragged there accused of growing the ‘plant of life’ as they called it. There was then no export trade in the drug and each island grew its own marijuana; the Rasta brethren taking credit. Clearly this is no longer the case. The growing, harvesting and export of marijuana has increased to such large proportions that there are business associations of growers and sellers of the product throughout the Caribbean, all seeming to operate beneath national law enforcement radar. In addition, marijuana use and sales have found a serious and perhaps more deadly competitor in cocaine whose use adds to the problems, heightening the violence we see everywhere in the Caribbean.
Many believe the introduction of business models resulting in larger volumes in production, sale and profits were accompanied by a more sophisticated businessman who replaced the local country bumpkin and took over the marijuana and drug business. With this shift and with more funds available to pay defense attorneys, ‘drug business/dealers’ seemed to assume the status of folk hero. Such ‘drug barons’ began appearing at the private dwellings of certain newly-made lawyers apparently any time they wished, and were welcome with their bundle of currency, with open arms. Once word of this form of cozy client/solicitor relationship got around a new competition of sorts developed among young law graduates each hoping to build his/her Miami-style mansion here, by sharing a piece of the drug action.
One may argue with conviction that defense is part of the legal process - and of course one would be on target. The point of all this is that such cozy dealings was not the way lawyers here did business within the English Legal System. Additionally, many believe that it may have been from those personal and cozy contacts between client and legal council that certain police officers were unfortunately and unwittingly compromised.

 
 

There are a growing number of persons here who also believe that the entire judicial system has been compromised not only on this island but elsewhere in the Caribbean. Perhaps this is the most regretful and hurtful part of it all. No legal system can operate successfully or earn the trust of the publics it serves, if criminals continue to get away with murder, as it were. For too many here, crime is too often ‘rewarded’ with a gently slap on the wrist instead of the severe retribution their severity calls for.
What is obvious to all except those who refuse to see is that frequent political exchanges may well be a deliberate smoke screen by politicians and their friends hoping to side track the public’s attention from the serious business of crime - and law and order generally. This may therefore be a good time to remind those who may need reminding that the soft approach to crime and criminals was one reason the electorate voted the way they did, December 2006. Perhaps this warning should also serve as a gentle reminder to those who benefited from the mistakes of the former government when they went soft on crime. Everyone engaged in active politics will soon discover that the criminal is far more cynical than the average politician. He /she is also far more cunning than credited for, and knows how to play the justice system. For many, it’s just a game – a game in which no prisoners are taken because prisoners have to be housed and fed and answered for.
Every leader knows that the safety of the State and its citizens is the first law of politics – even of God. Each law abiding citizen must be guaranteed the protection of the law - and of the State.
To achieve this, government must take the lead. It must ensure streets are properly lit and that each and everyone policeman paid for by tax dollars is deserving of the honour conferred on him/her, to serve and protect. The Magistrates and Judges too must play their part. Their sentences must reflect the seriousness of the threat drugs and criminal conduct pose to society. Prison officers too must guard against being sucked into crime by criminals who have no respect for their office. In turn, each citizen must be made to feel a part of this assault on crime and criminals. Each must be given renewed confidence in the police and must see the work of the police as a part of the duty of each citizen.
In the final analysis the government, the police and civil society must work together for the common good. Those who wish to take the law into their own hands and dispense justice without trial must expect the same harsh ‘justice’ from the State. The Prime Minister and the Commissioner of Police must assure the nation, that anyone who disrespects the country’s laws will be dealt with within the law if needs be; without, if necessary. There must be a clear and unambiguous declaration of war against all criminal activity and those accomplices who unwittingly support them. Everyone must henceforth be challenged to choose which side he or she is on. In so doing one must also continue to observe the magistracy and ask in clear language whether they are cowards, softies or what and then to act accordingly.


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