Chuck promises fee payment but gang trial attorneys sceptical
THE slate of attorneys who provided representation for the accused in the just-concluded Uchence Wilson Gang trial and the King Valley Gang trial, which ended earlier this year, should soon get the monies owed to them.
Justice Minister Delroy Chuck, making the commitment at Wednesday’s quarterly press briefing of the Ministry of Justice, said the issues that had prevented the attorneys from being paid have been resolved.
However, at least one attorney is sceptical.
“To date, the Legal Aid Council has empanelled almost 800 attorneys to provide legal aid to persons impecunious [penniless], and I must say and boast, to the best of my knowledge, that we will end the year not owing anybody any money who have participated in legal aid,” Chuck said.
“For those attorneys who participated in the gang trial, the permanent secretary has indicated that all the issues have been sorted out, and payment will be made very shortly...and I hope you will get it before Christmas,”the justice minister said.
An attorney, with whom the Observer spoke, said there is scepticism and frustration amongst those who participated in the trials for several reasons.
“For both the King Valley Gang trial and the Uchence Wilson Gang trial, monies are outstanding,” the lawyer told the Observer. “While part payments have been received for the Uchence Wilson matter, which ended in October, not a dime has been paid over for the King Valley trial, which ended in July. For the King Valley trial, senior attorneys were expecting to be paid $1 million for the overall trial, and junior attorneys $800,000.
“For the Uchence Wilson trial, there was an initial agreement that we would be paid $400,000 monthly, that was halted after the first four months. We have not been paid for July or September of last year, nor have we been paid for September and October for this year. What they asked us to do is sign a waiver of the true amount, in lieu of a payment of $400,000 overall. So pretty much, we waived four-month payment,” the Observer was told.
The Uchence Wilson trial took nine months and involved 24 defendants initially, while the King Valley Gang trial spanned seven months and involved nine defendants at first.
The attorney said the situation is likely to impact the pending 50accused gang case involving members of the vicious St Catherine-based Klansman Gang, which, due to the sheer numbers, will be the first of its kind in the Caribbean.
“That trial is likely to last two years. Attorneys have been registering their annoyance. We are tired of them. There has been no confirmation from the justice ministry that we will be paid properly for our time,” the lawyer noted, pointing out that the sums being offered reflected a stipend and not a salary.
“Attorneys are reluctant to take on these cases,” the professional pointed out.
The Legal Aid Council of the Ministry of Justice, among other things, establishes panels of attorneys to execute legal aid duties in fulfilment of its mandate. As at September 30, 2012, approximately 379 attorneys are enlisted, including almost 90 senior counsel. It is empowered by statute to establish and maintain a tariff of fees to be paid by the council to attorneys for services rendered. The scale of fees ranges from the allotment for duty counsel services to a maximum fee for senior counsel for capital murder trials.
Review of fees commences with the council having consultation with the Jamaica Bar Association and the Advocates Association of Jamaica. The minister has the final call on the recommendations emerging from the consultations.