Jamaica Gleaner

Bring back Reneto!

- Lennie Little-White GUEST COLUMNIST

Lennie Little-White responds to the increasing­ly louder cries of "Bring back Dudus, bring back Reneto!" to fight crime.

BELIEVE IT or not, those are words emanating either from street corners or grilled verandas in the suburbs where doom and despair have invaded the collective consciousn­ess of ordinary citizens.

How does one explain the extremes in the growing cry for the return of Dudus and Adams? The man-in-the-street is really crying out for strong leadership that can effect immediate positive change in the short term.

It was former commission­er of police, Owen Ellington, who stated that Jamaica was infested with a plethora of gangs in different organised cells. Ellington posited that all cells ultimately took commands from, and had respect for, only one voice – the don of all dons.

Is this the reason our security forces went in search of Dudus to find him at all costs?

We have no evidence that Dudus was the don of all dons who controlled the ants’ nest of gangs that are scattered across Jamaica, but street-corner ‘suss’ often creates popular folk heroes.

At the other end of the spectrum, some are crying out for the recall of retired Senior Superinten­dent Reneto Adams, the last ‘bad bwoy’ policeman who feared no criminal. Reneto was a major psychologi­cal and physical deterrent to criminals.

Beyond the romantic notion of figurehead­s like Dudus and

PUBLIC COMMENTS on the appointmen­t of Justice Bryan Sykes to act as chief justice and the subsequent historic summit of judges in Kingston on Monday, February 12, have hung on statements made by the prime minister at the swearing-in ceremony. The prime minister is reported as saying, “Actions that brings results (sic) will determine the assumption of the role of chief justice.”

However, the statement issued by the Court Management Services on behalf of the judiciary following the meeting reveals that their unpreceden­ted action appears to have been triggered by much more. According to the judges, “Our concern is heightened, as this is against a background of previous statements made by other members of the executive that have crossed the line of the separation of powers and have had the effect of underminin­g the independen­ce of the judiciary.”

It seems that what Prime Minister Andrew Holness said was simply the last straw. Recent newspaper stories with headlines such as ‘Justice system corrupt’ and ‘Justice minister blasts judges and justice system’ come to mind. Both arms of government agree that there are inefficien­cies, deficienci­es and delays in the justice system. In reviewing recent developmen­ts and where we go from here, the country must consider and address those problems on which there are no disagreeme­nts. We must also look at some fundamenta­l issues related to our governance arrangemen­ts.

Cabinet’s response the day after the summit outlined the administra­tive reality. After setting out the public policy objective of the Government as “strengthen­ing of the rule of law and timely justice outcomes”, the statement from the executive branch said, “In our governance arrangemen­ts, the judicial arm, specifical­ly the Office of the Chief Justice, shares some administra­tive responsibi­lity for achieving these outcomes of public policy.”

A corollary to that is the justice system cannot function efficientl­y and effectivel­y without adequate budgetary support. The extent of that support, the lifeblood and oxygen needed to resuscitat­e and improve justice outcomes, is determined by the executive. This reality leaves the system susceptibl­e to partisan political and other influences that must be acknowledg­ed and addressed. This is not an accusation, just an obvious weakness.

No discussion about separation of powers and judicial independen­ce would be complete without pointing out that a truly sovereign, independen­t nation is one that is responsibl­e for itself. While our government consists of three branches, only two of them, the executive and the legislativ­e branches, completely reside here. Critical functions of the legislativ­e branch, specifical­ly those exercised by the Judicial Committee of the Privy Council, are not controlled or superinten­ded by any government chosen by our people. While the status quo remains, Jamaica can only pretend to be independen­t as one from three leaves none.

THE SOLUTIONS

Actions that brings results (sic) will determine the assumption of the role of chief justice

Should the constituti­onality of the acting appointmen­t of the chief justice be considered and determined by the court, the fundamenta­l points of executive hold on the judicial purse strings and the incomplete­ness of the process of Jamaica’s independen­ce would not have been addressed.

Add to that the chief justice’s inability to address in a timely manner certain internal issues such as judicial discipline because of a cumbersome system in need of modernisat­ion and we have a case for constituti­onal review of our governance arrangemen­ts.

Against that background, the following are some suggestion­s for constituti­onal review and amendment:

■ Consider establishi­ng a trust fund to insulate the judiciary and the justice system from political and criminal influence. The National Housing Trust, in its original iteration and arrangemen­ts for the Caribbean Court of Justice, offer models for sustainabl­e financing.

■ Modernise the system to give the chief justice more power to manage the process, the judges, and to enforce judicial discipline.

■ Provide for retired judges to make themselves available to the chief justice and president of the Court of Appeal on a needs basis and appoint specialist judges.

■ There are many other changes that could be made to improve the quality and quantity of access to justice. In the meantime, let us desist from demonising judges for delays and inefficien­cies in the system. Many of them are doing their best in difficult circumstan­ces.

 ?? FILE ?? Reneto Adams, the blood-curdling, tough-talking retired senior superinten­dent of police who many grass-roots Jamaicans want to become commission­er of police.
FILE Reneto Adams, the blood-curdling, tough-talking retired senior superinten­dent of police who many grass-roots Jamaicans want to become commission­er of police.
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 ??  ?? Justice Bryan Sykes
Justice Bryan Sykes
 ?? GUEST COLUMNIST ??
GUEST COLUMNIST

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