[dropcap]T[/dropcap]he maxim “justice delayed is justice denied” is so often heard in Saint Lucia without follow-up action, it may by now have lost its meaning. So, too, the understanding of the linkages between delayed justice and a host of socio-economic ills. How else to explain the condition of our justice system and the lack of urgency to do something about it, if not that there is a fundamental lack of appreciation for its importance?
The virtues of expeditious justice were recognized as early as the first century BCE with mention being made in a compilation of the ethical teachings and maxims passed down to Rabbis called the Pirkei Avot: “Our Rabbis taught . . . the sword comes into the world, because of justice delayed and justice denied . . .” It was highlighted in the Magna Carta of the thirteenth century: “To no one will we sell, to no one will we refuse or delay, right or justice.”
Perhaps of greatest significance to the over ninety percent Christian population of Saint Lucia may be its intimation in Exodus 18:22: “Let them judge the people at all times; and let it be that every major dispute they will bring to you, but every minor dispute they themselves will judge. So it will be easier for you, and they will bear the burden with you.”
No doubt you’ve heard the words, read them somewhere, or even used them yourself. But do you understand what they mean? If you do, then you must be in agreement with the underlying sentiment. If you do not agree, or you agree but do not accept the urgency expressed by those who clamor for the investigative and judicial processes to be significantly improved, it is important that you understand the pitfalls of such thinking.
Before we delve into the potential, very real consequences for you, the law-abiding members of the society, let’s ensure we understand and appreciate the reality of those who have sampled them. As of August 2017 there were 283 inmates on remand at the Bordelais Correctional Facility, down from 349 in 2016. These are men and women who have been charged with various offences but not convicted—therefore are to be presumed innocent.
Despite that unassailable fact, they and thousands of other Saint Lucians before them have been denied their freedom without their constitutionally guaranteed day in court—in some cases for years. One case that immediately comes to mind is that of Eugene St. Romaine. He was arrested in 2004 and subsequently charged with the 2 December 2002 murder of his stepdaughter Verlinda Joseph. Romain would remain in custody until August of 2013—when he was allowed bail in the sum of $60,000, donated by a Canada-based organization. Suffice it to say the Verlinda Joseph case remains unresolved almost 16 years after her horrible death.
There’s also the case of former Soca Monarch, Jonathan “Ninja Dan” St. Rose and his two co-accused, who were released in 2017 after spending more than seven years on remand for the 2009 murder of Maynard Hill resident, Dwayne ‘Chubby’ James. These men, and so many others like them, were (and are being) denied their freedom while an admittedly long broken justice system continues to be dysfunctional and certainly an affront to the Constitution of Saint Lucia.
Tired of the excuses for suffered injustices, some of the remand prisoners at Bordelais revolted. Shots were fire, guards and their wards injured. The press knows little of the details, save for what came out of Bordelais’ press office. Meanwhile, it’s business as usual—until, God forbid, the next possibly worse revolt! Consider the economic and security effect such instability has (and will have) on our country and every citizen—even the law-abiding ones.
Yes, there is evidence the current administration is conscious of the ominous possibilities associated with a broken justice system. Since taking office some about seventeen months ago, the DPP’s office has received some muscle, though not nearly enough to cope with the astounding backlog of cases—including St. Brice and Romain—let alone those of more recent vintage. The Taiwanese ambassador has announced his government’s promise to assist our long overburdened and demoralized police. What impact that may have on our IMPACS-soured relationship with the EU and the State Department of the United States remains conjectural. In any event, we await details of the offered assistance from Taiwan. Meanwhile the sound of the ticking clock grows ominously louder!
