Saying prison breaks are imminent in T&T, former attorney general Ramesh Lawrence Maharaj is calling on the Government to take immediate steps to prosecute prisoners who have been awaiting trial for seven to ten years.
During a press conference at his San Fernando office yesterday, Maharaj vowed to take legal action on behalf of remanded prisoners who are serving a jail sentence even before they are convicted.
Calling such incarceration “naked injustice,” Maharaj urged the Government to pass legislation to reduce sentences in cases where a person was imprisoned for years before trial. He also called on Chief Justice Ivor Archie to immediately establish a task force to monitor the speedy hearing and determination of criminal cases.
“Presently there are about 700 persons in the prison remand yard who, on average of seven to ten years, are awaiting trial for murder,” Maharaj said.
“The statistics show that the prison population comprises of approximately 3,700 persons and approximately half of that number of persons, awaiting trial on bailable offences, cannot access bail because they belong to the lower economic group in the country.”
He added that steps can be taken to determine these cases in the magistrates courts within the next six months and for them to be determined in the High Court within the next year.
Saying the task force will improve the delivery of justice, Maharaj outlined an eight-point plan, which includes establishment of a DNA bank, additional courts, hiring of temporary magistrates to reduce the backlog of cases, passing legislation to set up a supervisory unit to oversee the justice system and improving the witness protection programme.
“The Chief Justice should designate a number of magistrates to hear and determine these outstanding cases to reduce the backlog. This should be done even if the Chief Justice has to approach the Prime Minister to get additional resources,” Maharaj said.
With respect to indictable matters, where notes of evidence in the magistrates courts are not being sent to the Director of Public Prosecutions’ Office, Maharaj said the CJ, Attorney General and DPP should get the necessary resources for a special task force to be appointed to have these notes of evidence prepared and sent to the DPP’s Office within the next two months.
“If it is necessary to have additional courts, steps should be taken for courts to be established within the next two months. Even if temporary judges have to be appointed to sit in those courts, legislation should be passed within the next month,” he said.
He added that the Government should also establish the necessary bodies or units to monitor all delays in the criminal justice system.
“A case management system can be introduced in the magistrates court where a clerk of the peace and his administrative staff can be involved in adjournment of cases. The magistrate can visit the prison to deal with adjournment and the representatives of the clerk of the peace of each district can accompany magistrates.
“This would prevent prisoners from having to be transported all over the country,” Maharaj said.
He added that the judicial time spent by the magistrates, prosecutors and defence lawyers can be utilised to reduce the backlog of cases.
He said under his tenure as AG, he had piloted the Criminal Procedure Plea Discussion and Plea Agreement Act in Parliament which facilitated plea bargaining in T&T.
“A plea agreement and plea bargaining system contributes to reducing the backlog,” Maharaj said.
He added that he intended to contact the Law Association to convene a special meeting to discuss the criminal justice system.
“I will also request it to file a public interest class action on behalf of prisoners and the victims of crime for the Supreme Court. In the event that the Law Association refuses to do this, I intend, through Democracy Watch, to put the issue on the public education [agenda] in T&T,” Maharaj said.
He added that he has already spoken to attorney Ravi Rajcoomar to put together a team of lawyers to start a class action on behalf of prisoners so there could be speedy trials to reduce the backlog of cases.
Maharaj also urged the Government to collaborate with foreigners to deal with crime. He said the setting up of a DNA bank in T&T will assist in solving crime and if the Government was serious about fighting crime, the Witness Protection Programme should be overhauled so that witnesses will feel safe and secure and be encouraged to give evidence for the State.