‘Help me to stop the injustice’ – Chuck urges Custodes

MOJ Press Release

September 30, 2011 - “I’m begging you; please help me stop the injustice.” These were the words of the Minister of Justice, the Honourable Delroy Chuck as he continued his campaign to reduce injustice and repair the image of justice in Jamaica when he chaired a meeting with the Governor General, Sir Patrick Allen and the 14 Custodes in Jamaica at King’s House, on Friday (September 23, 2011).

Increasing the number of Justices of the Peace (JPs) would be the first step toward achieving this goal.

According to Mr. Chuck, more JPs are needed to complement a number of programmes and activities of his Ministry. Chief among them is putting in place the necessary checks and balances to curb the level of injustice meted out to Jamaican citizens.

Citing section 50F (2b) of the Constabulary Force (Interim Provisions for Arrest and Detention) Act 2010, which sets out the role of a Justice of the Peace in the arrest and detention of any citizen,  Mr Chuck urged the Custodes to provide the necessary checks and balances, that is, to ensure that JPs play their part in monitoring the status of persons arrested or detained in police lock-ups pursuant to the Act.

The Honourable Delroy Chuck, the Hon. Paul Muschett, Custos of Trelawny and the Hon. Marcia Bennett Custos of St. Thomas having discussions after the meeting ended. (Photo by Kahmile Reid)

“We do not want a case where JPs are just signing away people’s rights and freedoms without reasonable grounds on which to do so. They must be able to say to a police officer, ‘I am not satisfied’…if they are not,” he said.

Minister Chuck also urged the Custodes to recommend more persons to be Justices of the Peace (JPs) as there are less than 5000 Justices of the Peace in Jamaica and this he said is nearly not enough.  He said there was a need to increase the number five fold and called on the Custodes to appoint younger persons to serve as JPs.

Also high on the agenda was the role of Justices of the Peace in a number of programmes already in place in the Ministry including the Restorative Justice Programme, Community Justice Tribunals and the Criminal Justice Parish Boards.

Under the Restorative Justice Programme (RJ) JPs will be asked to sit on the National Advisory Board as well as the RJ Steering Committee at the parish and community level, they will also be called upon to be facilitators.

“Justices of the Peace are fit and proper persons who can assist us in the administration of justice at the community level through Restorative Justice and the Community Justice Tribunals. I am calling on you the Custodies and I will be calling on the JPs themselves to buy into these programmes.”

Community Justice Tribunals

Further, he explained that the Government of Jamaica had already declared its intention to establish Community Justice Tribunals across the island. The Tribunals will be conducted by JPs with a view to resolving disputes between citizens that do not involve a criminal offence and that are heard with the consent of the disputing parties. To facilitate the role of the Justice of the Peace in the CJTs, appropriate amendments will be made to the Justices of the Peace Jurisdiction Act.

Criminal Justice Parish Boards

Additionally, with the establishment of the Criminal Justice Parish Boards, more JPs will be needed to assist.

The Criminal Justice Parish Board is a body of key stakeholders in the justice system who will operate in collaboration with all State Agencies and Departments that have responsibility for Criminal Justice, as well as the Private Bar to deliver an efficient, effective and fair Criminal Justice system through a reduction in the criminal case backlog.

“The Criminal Justice Parish Boards will bring together key players in the Criminal Justice Sector to co-ordinate activities and share information for delivering criminal justice in their areas of responsibility.

“The Boards, I believe will assist in improving public confidence in institutions of justice in their respective parishes.” Minister Chuck explained.

The Boards will consist of The Custos, who will be the Chairman; the Divisional Commanders of the Jamaica Constabulary Force of each Parish; the Clerk of Courts; the President of the Lay Magistrates Association (Local Chapter) and any other selected Justice of the Peace; the Court Administrator of the Resident Magistrate Court; nominated member of the Regional Bar Association representing the Parish; and a representative of the Ministry of Health.

The Boards will be appointed by the Minister of Justice and will serve, in the first instance, for three (3) years, with eligibility for re-appointment.

Justice Minister Meets with Custodes

MOJ Photo

The Honourable Delroy Chuck, the Hon. Paul Muschett, Custos of Trelawny and the Hon. Marcia Bennett Custos of St. Thomas having discussions after the meeting ended. (Photo by Kahmile Reid)

The Honourable Delroy Chuck continued his campaign to reduce injustice and repair the image of justice in Jamaica when he chaired a meeting with the Governor General and Custodes from the different parishes at Kings House on Friday (September 23, 2011). More details and photos to come!

Courtesy Call

MOJ News

United Nations Development Programme (UNDP) Resident Representative, Ms. Akiko Fujii made a courtesy call on the Minister of Justice, the Honourable Delroy Chuck on Tuesday, September 13, 2011 at the Ministry’s Head Office on Oxford Road. (Photo by: Tameka Hill)

Act professionally, governor general urges new judges

Article of Interest

 

Published by The Daily Gleaner on September 16, 2011 - Governor General Sir Patrick Allen has advised the island's newest judges to "adhere to the principles of their profession" in a society fundamentally altered by social networks and new electronic media.
 
"It is no longer a treasonable act to criticise," Sir Patrick reminded those attending the swearing-in of the puisne judges and master in chambers yesterday morning.

"We are being keenly scrutinised, on Facebook and elsewhere," the governor general said in reference to the effects of new media technology on the behaviour of public figures. His cautionary message was not, however, echoed by all those speaking at King's House.

Don't be swayed by criticism
President of the Court of Appeal, Justice Seymour Panton, advised the newly invested members of the judiciary to not worry about criticism.

"For newspapers and electronic media, propagating falsehoods … is par for the course," Panton declared during his address, through which he outlined instead what he thought were the real challenges faced by the new judges.

Space constraints and the daunting delays associated with the judicial system, according to Panton, are more pressing issues for his branch of government.

For example, the pace at which the old NCB building in Justice Square is being refurbished, he warned, will mean that the new judges will begin their tenure in somewhat "cramped" surroundings.

However, the problems of today's judiciary are not just related to construction.
"The judiciary is not the poor cousin of the Government," Panton said. But for the greater part of the past 30 years, he said, "the executive has not been very kind in terms of honouring contracts with judges".

Its independence from the other branches of government, coupled with the unquestioned integrity of its judges, Panton stressed, is the only thing that can allow the judiciary to fulfil its commitment "not to any group, but Jamaica".

Chuck calls on pastors to serve justice ministry
Article of Interest

Published by The Daily Gleaner on Sept. 15, 2011 - A SHORTAGE of justices of the peace (JPs) across the island has prompted Minister of Justice Delroy Chuck to urge more religious leaders to volunteer to serve.
 
"We need to double - perhaps, triple - the number of JPs in Jamaica ... . Not only do we need more, but we need people of high moral standing in the community and people of integrity and honesty to become JPs. Quite frankly, I think more pastors need to serve in this capacity."

Chuck said he is slated to meet with custodes this month, noting that he will be asking them to encourage their colleagues to recommend more persons to be appointed to serve, as the jurisdiction of the JPs will be expanded and the ministry does not want to overwork those who have voluntarily agreed to serve.

The minister was speaking last week during a meeting with religious leaders from several denominations to have consultations on how they can assist the ministry in their respective capacities.

"We need some more personnel and volunteers to assist people who are traumatised and some of the best persons to give us assistance are the pastors in the communities, who understand when people are traumatised," Chuck said.

The justice minister said he wanted the ministers' fraternal across Jamaica to lend additional support to the Victim Support Unit (VSU) of the Ministry of Justice. This, he said, could be done if the church leaders themselves volunteer, as well as recommend and recruit volunteers to counsel victims in their respective parishes.

"I know that people feel more comfortable and willing to talk to a pastor more so than a teacher, a policeman or even their family members. This is why I think it is so important for more pastors to volunteer to counsel for the VSU, as we have far too many situations in Jamaica where people feel as if they have no one to turn to," said Chuck.

MOJ's child-rights training completed

Article of Interest

From Top: Minister of Justice, Hon. Delroy Chuck; Special Projects Consultant in the Ministry of Justice, Ms. Ruth Carey. 

Published by The Daily Gleaner - September 14, 2011 - CROWN COUNSELS, clerks of courts and legal officers benefited from the Ministry of Justice's final phase of Child Rights and Responsibilities and International Instruments training, held recently at Sunset Beach Resort and Spa in Ocho Rios, St Ann.

The training satisfies one of the strategies of the National Plan of Action for Child Justice 2010-2014 being spearheaded by the Ministry of Justice, which is "to devise a standardised programme of training in child rights and related subjects for each group of persons dealing with cases involving children".

Carolyn Baker, United Nations Children's Fund (UNICEF) deputy representative to Jamaica, explored international laws and treaties that address matters pertaining to child justice: international legal frameworks, including The Conventions on the Rights of the Child (CRC), child prostitution and pornography.

Retired Justice Paul Harrison, former president of the Court of Appeal, explored the experience at Armadale, highlighting the CRC rules and the state of affairs at the institution, particularly where breaches of the rules were evident, and discussed recommendations for solutions and best practices based on the international standards.

Ruth Carey, special projects consultant in the Ministry of Justice, said: "With the adoption of the United CRC, the Government of Jamaica is now implementing measures, which will improve the treatment of children in conflict with the law, increase consideration to children's views in decisions affecting them, and realise the application of child justice in now critical areas.

"The Ministry of Justice recognises that one of the ways in which we all can contribute to better realising the rights contained within this critical document and achieving these targets would be the training of professionals involved in international standards governing children in conflict with the law."

Delroy Chuck, minister of justice, thanked UNICEF for its funding of the capacity-building initiative.

"The psychological effect of the court system on our children needs to be addressed not only through the provision of support for child victims, witnesses and offenders, but by the approach used by our legal professionals and judicial officers with responsibility to ensure that the rights of our children are always protected," Chuck said. 

Chuck urges religious leaders to volunteer
with VSU and serve as JPs

Press Release

Minister of Justice, Hon. Delroy Chuck chairs meeting with religious leaders at the Ministry's Head Office on Oxford Road. 

September 12, 2011 - The Minister of Justice, the Honourable Delroy Chuck, met with religious leaders from several denominations and organizations  on Thursday, (September 8, 2011), to have consultations on how they can assist the Ministry in their respective capacities.

Chief among the issues discussed was the Victim Support Unit, a Unit in the Ministry which was established to assist victims of crime across Jamaica, through counseling.

“We need some more personnel and volunteers, to assist persons who are traumatized and some of the best persons to give us some assistance are the pastors in the communities who understand when people are traumatized,” Minister Chuck said.

To that end he said he wanted the Ministers’ Fraternal right across Jamaica to lend some additional support to the Victim Support Unit. This, he said, could be done through the church leaders themselves volunteering as well as recommending and recruiting volunteers to counsel victims in their respective parishes.

“I know that people feel more comfortable and willing to talk to a pastor more so than a teacher, a policeman or even their family. This is why I think it is so important for more pastors to volunteer to counsel for the VSU, as we have far too many situations in Jamaica where people feel as if they have no one to turn to,” the Justice Minister said.

Director of the VSU, Reverend Osbourne Bailey, who was present at the meeting, explained that the VSU was established in 1998 out of a need to extend the level of support offered to victims of crimes.

In addition to utilizing trained social workers and psychologists, the VSU is also supported by a large number of volunteers, including students of tertiary institutions who are doing the practicum component of their studies (in Social Work and Psychology). Other groups, such as the National Youth Service, have also provided persons to work in non-specialist areas.

More Justices of the Peace

Also high on the agenda was the appointment of more Justices of the Peace (JPs) and church leaders offering themselves to serve in this capacity. The Minister emphasized that there is a shortage of JPs across the island, and this is something he intended to change during the course of the next few months.

“We need to double, perhaps, triple the number of JPs in Jamaica…Not only do we need more (JPs), but we need people of high moral standing in the community and people of integrity and honesty to become JPs, quite frankly, I think more pastors need to serve in this capacity.”

Mr. Chuck said he is slated to meet with Custodes this month (September) and he will be asking them to encourage their colleagues and to recommend more persons to be appointed to serve, as the jurisdiction of the JPs will be expanded and the Ministry does not want to overwork those who have voluntarily agreed to serve.

Present at the meeting were:

Pastor Eric Nathans - Jamaica Union of SDA; Pastor Franz Fletcher - Church on the Rock; Pastor Ian Muirhead - Upper Room Community Church; John Keane - Caribbean Graduate School of Theology; Mrs. Veda Fagan - Elliston Methodist Church and the Jamaica Council of Churches; Yves Bergeron - Caribbean Graduate School of Theology and Church of God in Jamaica; Rev. Devon Brown – Chairman of the Jamaica Pentecostal Union Apolostic; Rev. Rennard White - President  of the Jamaica Association of Evangelicals; Bruce Fletcher - Operation Save Jamaica and Pastor of Christian Life Fellowship; Dr. Las Newman - President of the Caribbean Graduate School of Theology; Rev. Lensworth Anglin - Executive Chairman of the Church of God In Jamaica and Coordinator  of the Jamaica Umbrella Group of Churches.

Justice Minister meets with chucrh leaders

MOJ News

The Minister of Justice, the Honourable Delroy Chuck met with church leaders from the corporate are as well as other parishes on Thursday, September 8, 2011, to have discussions on how they can assist the Ministry with their good offices...Details of this meeting to come!

Courtesy Call

MOJ News

The German Ambassador to Jamaica, His Excellency Josef Beck paid a courtesy call on Minister of Justice the Honourable Delroy Chuck at the Ministry’s head office on Thursday, September, 8, 2011. (Photo by: Kahmile Reid)

‘Eradicating corruption in the justice system and Jamaica is at the top of my agenda’ - Justice Minister

September 6, 2011 - The Minister of Justice, the Honourable Delroy Chuck, says he knows there are currently many corrupt practices being employed which seek to pervert the course of justice in Jamaica and, as a result, eradicating corruption in the justice system and Jamaica is at the top of his agenda and that of this administration.

Speaking to members of staff of the Commission for the Prevention of Corruption during an official visit on Friday September 2, 2011, the Justice Minister said he wanted Jamaica to be in the top 20 of the Worldwide Corruption Perceptions ranking of countries (published by Transparency International).Currently, Jamaica is at number 87 out of 182 countries.

The Minister addressed a number of issues including, corruption in the justice system, shady contractual dealings involving public officials and how the Special Prosecutor legislation will address some of these issues.

Making reference to his time in private practice, Mr. Chuck said he was fully aware of the corrupt means used to pervert the course of justice in Jamaica.

“I know that persons in the court system are being paid to hide and or destroy files. One of the major complaints of one particular Department in this Ministry is the inability to find files once they are sent to the courts...There is a conspiracy going on where persons in the justice system are being paid to hide files, so when the case comes up, the judge can't start the case and so it goes nowhere.”

"I have seen it in the court system, where persons pay off the police to say they can't find the witness and pay for documents to be destroyed. That is the level of corruption in the justice system," he said.

Additionally, the Justice Minister chided shady contractors and public officials who benefit from their corrupt practices. This aspect of corruption among others, he said, is what the Corruption Prevention (Special Prosecutor) Act is being crafted to address.

"The government is looking at strengthening the way in which corruption is handled in this country, so we are determined to give this Bill some teeth.

“We are determined to eliminate corruption in this country; the challenge is a great one because people who benefit from corruption will go to great lengths to protect their way of doing things. But we are determined to stamp out corruption where ever it exists as these practices; only work to destroy the economy and the social fabric of the Jamaican society,” the Minister emphasized.

Discussions on use of court time
to begin soon
Justice Minister to meet with judges

Press Release

Minister of Justice, Hon. Delroy Chuck met with staff members of the Office of the Trustee in Bankruptcy on his official visit - Friday September 2, 2011. (Photos: Kahmile Reid)

The Trustee in Bankruptcy, Mr. Hugh Wildman; Minister of Justice, the Hon. Delroy Chuck; Permanent Secretary in the Ministry of Justice, Mr. Robert Rainford,  all had a brief meeting in Mr. Wildman’s Office before doing a walk-through and having a general meeting with staff members.

September 2, 2011 - The Minister of Justice, the Honourable Delroy Chuck said he will be meeting with judges in short order to discuss more efficient use of the courts’ time. According to the Minister, too much of the courts’ time is being wasted and this is one of the major reasons for the slow administration of justice in Jamaica.

“We are not utilizing court time efficiently and in a manner beneficial to the people of this country, and it is contributing to the hundreds and thousands of cases that still remain to be tried in the courts. Most court rooms across Jamaica are opened from 10 a.m.-1:00 p.m.  and from 2:00 -4:00 p.m., approximately five hours and often times, less. This ought not to continue,” the Minister said.

He was speaking to staff members of the Office of the Trustee in Bankruptcy on an official visit to the Office on Friday (Sept 2).

As part of his mission to take a consultative and collaborative approach toward the different Departments and Agencies under the ministry during his tenure, the Minister visited the Office of the Trustee in Bankruptcy to meet with the head of the Department as well as staff members with a view to hearing their concerns.

Consequently, the Justice Minister fielded questions from staff members; chief among the issues raised was the extended period of time taken for rulings and decisions to be made. 

Minister Chuck assured that since he took office he has been advocating better use of the courts’ time and that he already initiated talks with the Chief Justice on the matter. He also informed that he is slated to meet with judges in an effort to have the issue addressed. This, he said, would assist in getting matters dealt with in a more efficient manner.

During his visit, the Minister was given a tour and had discussions with the Trustee in Bankruptcy, Mr. Hugh Wildman.