The Jamaica Star :: Features :: What to do about threats

There is plenty of talk these days about threats and persons who have been threatened or placed on hit lists. The recent killing of the JUTC chairman, Douglas Chambers, helped to bring this issue under the spotlight.

The real problem is that threatening someone to kill him or her is almost part of the everyday vernacular of our people. You hear it regularly in quarrels between neighbours, it is shouted in the streets if there is a hold up in the traffic, and on and on it goes. But when do you take it seriously and if you do, what should you do? And is the law on your side?

The difficulty was highlighted by a young man who came to me in the corridors of the Montego Bay Resident Magistrate's court last week. The young man was visibly worried and obviously shaken when he approached me to find out what he could do about a threat made against his life by a young lady who he knew very well. He believes that the young lady or her friends will carry out a threat to kill him. He told me that he went to the police station to report the matter but he could not find a policeman to listen to him for five minutes, much less to take statement from him. Of course, he was advised to go to the court's office to make a statement.

Petty Sessions Court

While at the court's office, he was unhappy that he was told to come back to give a statement and thereafter, the relevant documents would be prepared to have them served on the person who made the threat. When that matter comes to court several weeks or months later, though in his mind it is urgent and serious, it will be tried by two Justices of the Peace in the Petty Sessions Court (the lowest court in Jamaica) who have powers to impose a fine of $2,000 or some other ridiculous amounts and/or to have the person bound over to keep the peace.

A person is threatened by another when he uses or threatens unlawful violence towards another to cause a person of reasonable firmness to fear for his personal safety. In fact, the Towns and Communities Act provides that: "Every person who shall use any threatening or abusive and calumnious language to any other person publicly, as shall tend to provoke a breach of peace; or shall use such language, accompanied by such behaviour to any person publicly, as shall tend to a breach of the peace." Prosecution under this Act means that the matter is tried by Justices of the Peace in the Petty Sessions Court.

Unlawful violence

One must also remember that despite leaps in technology, it is not easy or maybe possible for you to take a matter to court by saying that John or Jane called you on the phone and threatened to kill you. When you go to the court's office, you would have to describe a situation where the person is face to face, otherwise, you are on your own. In other words, the threat of unlawful violence must be directed towards a person actually present. To hear that John or Jane has threatened to kill you is not sufficient.

Basic investigations

It seems to me that if threats are to be taken seriously, the police must be mandated at least to take a statement and pursue basic investigations. Where the matter is serious, the law should be amended to have it placed before a Resident Magistrate who would have power to impose a greater fine and/or imprisonment.

It should be noted that threatening crown witnesses is treated separately or when the matter is already before the criminal court where a judge might be able to do something about threats to ensure that there is no obstruction to the operations of the court or to justice.

It is obvious that threats are taken more seriously when they are followed by a brutal murder, especially of a high profile person. But for the thousands of ordinary Jamaicans, there is no help at the police station and the law provides very little comfort. In my view, the law should be amended to allow for the police investigation of a threat and in the event of any death linked to this threat, to have the investigation of the threat put before the court, during the trial of any accused person, for consideration. The time to act is now.

Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton.

He may be contacted by email at knbishop@gmail.com