The Jamaica Star :: Features :: Trying cases without witnesses

Cases are being delayed or thrown out because witnesses, either through fear or lack of interest, have refused to attend court.

A citizen who served this year as a juror said he was surprised to see so many cases being put off for various reasons, and that included absent witnesses.

"It is no wonder that the criminals can go about killing and robbing people, because they know that, in the end, they will go free because witnesses are not coming forward," the juror said. "While I was in court, I observed that some of the cases on the court list were more than three years old.

"I have been saying to myself, if the cases take so long to try then it is no wonder the witnesses get fed up or are no longer interested in the cases.

"The powers that be should now put machinery in place to ensure that criminal cases are tried within a year after a person has been arrested and charged.

"It is not fair to have an accused person languishing in custody for such a long time. I have made checks and found that some accused persons are in custody for more than three years, awaiting trial in murder cases.

"Justice delayed is justice denied, and this is what is happening in the justice system. It is no wonder that criminals are not afraid to shoot people in broad daylight because they know they will not be caught or if they are caught, they will likely go free because of the long delay in bringing them to trial."

Backlog

The courts, for several years, have been facing a backlog of cases and it is a fact that one of the reasons is the absence of witnesses.

This was one of the reasons that the Evidence Act was amended in 1995 to make statements admissible in evidence in cases where a witness is dead, has left the island, cannot be found after all reasonable steps have been taken to find the witness, or is kept away from the proceedings because of threats of bodily harm.