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Courthouse business
Daddy Oh
by Tony Robinson
http://www.jamaicaobserver.com/lifestyle/html/20051112T210000-0500_92314_OBS_COURTHOUSE_BUSINESS_.asp
I do not deny
The jury, passing on the prisoner's life
May in the sworn twelve,
Have a thief or two
Guiltier than him they try.
- Shakespeare, Measure for Measure.
If you really check closely you'll see that many newspaper stories are made up of
court cases, which, by the way, make pretty interesting reading, as long as you're
not involved.
Even so, there are many persons who have never witnessed a trial much less enter a
courthouse. If it wasn't for TV shows like Law and Order, LA Law or Judge Judy, most
people wouldn't know how courthouse business run. In real life though, for many
people it's the last place they want to be, and just mention the name courthouse and
watch their countenance change.
Earlier this year I was visited by some burly policemen in the wee hours of the
morning. They served me a summons to go and serve jury duty. Horror of horrors, I
thought, 'jury duty, courthouse business', and promptly tried every way to get out of
it. I called all my lawyer friends, but there was no escaping. Still, it was an
extremely busy period for me, so one of my said lawyer friends advised me to write to
the courts and beg for a deferment until later down in the year.
Well, almost to the day, they served me again, this time through the mail, so there
was no slipping through the cracks, no lost files, no bligh for me, no reprieve. So
off I went to serve jury duty, imagine that, courthouse business for me.
On the first day it was very much like the first day of school, as we all milled
around in the corridors of the Supreme Court, checking out each other and grumbling
about what a colossal waste of time the whole thing was and how much money we were
all losing while being there.
"I am a businessman, and every day I spend here I lose thousands of dollars," said
one man. Here we were, complaining, yet we same ones would also complain about the
justice system and its flaws. But we were here, getting a chance to be a part of the
system, to add our bit, a chance to serve our country, yet still we griped.
It was an assorted mix of people, businessmen and women, warehouse clerks,
dressmakers, property managers, teachers, secretaries, you name it, they were there.
For many it was a first time experience, while for others it was a repeat
performance.
"I served already in 1999, so I can tell you what to expect, mek sure yu call de
judge Miranna," boasted this lady with authority.
"Do I really have to serve, why don't they choose people like civil servants who get
paid anyway, whether they go to work or not?" said someone else.
"But think of the daily allowance of $500 plus free parking."
"What dat can do? Monkey money dat, cyan buy nutten," the banter continued. But
secretly, there were some who were glad for the so-called 'monkey money', as some
prospective jurors were unemployed.
Well, just my luck, it was the week of a few high-profile cases and I was among the
hundreds of jurors who spent hours waiting to be selected. As the names were called,
we filed into the courthouse and took our places in the jurors' box. Many were
called, but few were chosen as both prosecutor and the defence could challenge any
juror as they saw fit.
This process took hours, and unfortunately I was excused from one high-profile case
because of my media affiliation and television contact with some of the persons on
trial. So we were asked to return the following day for reassignment to other cases.
The next day we were sent to another courtroom where we also spent hours waiting for
cases to be called. Many were postponed for various reasons: police not available,
witness not there, complainant absent, lawyer sick and so on. But one day we were all
herded to a case where this guy was being tried for abduction and rape.
In those cases only seven jurors were required, so we all waited eagerly as our names
were randomly selected. One lady sitting beside me said, "Dem better not call me, for
I have a daughter, and as yu look pon de accused yu know seh him guilty". Fortunately
for the accused, she was called, challenged and rejected. We had our own little
private bets as to who would be chosen or rejected, and had a few laughs doing so.
"I bet yu say de accused choose dat guy, because him look just like him, guilty as
sin," said one lady. Another pretty young lady would never be chosen, and we all
agreed that she looked too much like a potential victim, and sure enough, the accused
objected to her. In fact, in every rape case that she was called, she was rejected.
The irony of random selection is that some persons are called more than once, while
others never ever hear their name.
One poor lady had been summoned for jury duty many times over the years, been called
up many times, but always challenged and rejected. "I never get a chance to serve,
I'm starting to get a complex," she quipped.
But the judges were sympathetic and full of humour, even with judicial irony, as they
explained that challenged jurors were not to take rejection personally, as it was
just a part of the judicial system and not a dance where you were considered a
wallflower if not chosen. But to be constantly rejected is a bit much, I thought.
I met many of my lawyer friends who all said that we should be honoured to serve as
jurors. "After all, it's a chance to serve your country and your fellowman," was what
they said. "Judged by a jury of your peers, 12 just men and true."
But as Shakespeare implied, some of them looked even guiltier than the accused. "See
how yond justice rails upon yond simple thief... change places, and handy dandy,
which is the justice, which is the thief?" - King Lear, IV,6.
But in the courts, the judges rule supreme, and gone are the days of old fuddy-duddy
judges. I saw some very young, attractive lady judges in the various courts. I didn't
know what to call them, 'your honour' 'me lady' 'your highness' 'your ladyship'.
So I listened to the language of the courts and the erudite, eloquent lawyers. "My
lady, may I behove your ladyship and crave her indulgence and beg forgiveness for
keeping the court waiting, as I had an urgent matter to attend to in chambers and
could find no way to see fit to make my attendance at said time, me lady." No wonder
lawyers are paid by the hour.
In the other rape cases (rape seems to be quite prevalent, as most of the cases that
I saw were for that offence) they all pleaded not guilty, even though some
prospective jurors had tried the cases in their heads already.
"As you look pon him you know seh him guilty, look how him sweating and can't look
up, can't look yu in de eye."
"But what about innocent until proven guilty?" I asked her. She hissed her teeth and
stuck to her verdict. No wonder she was never called, as Lord help any accused person
who got her as a juror.
Courthouse business is a real eye-opener, and so many cases unfold, from small cases
to middle cases to high-profile cases. But justice has to be served. Jury duty
usually lasts for three weeks, unless the case goes longer, and I must say that I was
a little bit disappointed not to have been able to serve on a case.
At first I went with reluctance, but when my time was up, I secretly hoped that
they'd call me back, but not for a high-profile case, though. I hope no judge reads
this. Courthouse business, what an experience. More time.
Seido1@hotmail.com
Footnote: In all seriousness folks, we should not shirk jury duty. We cannot sit by
and call for justice to be served yet expect others and not us to do it. The judicial
system needs jurors or it cannot function, so we must do our civic duty.
On a different note, remember the saying that the first sign of insanity is doing the
same thing over and over but expecting a different result each time?
Now, why do people really expect that the West Indies cricket team will do any better
on the Australian tour? Get real folks, same problems, same approach, same results.
All talent with no commitment or attitude equals failure..every time. Listen to
Michael Holding
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I intend to last long enough to put out of business all *****-suckers
and other beneficiaries of the institutionalized slavery and genocide.
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"The army that will defeat terrorism doesn't wear uniforms, or drive
Humvees, or calls in air-strikes. It doesn't have a high command, or
high security, or a high budget. The army that can defeat terrorism
does battle quietly, clearing minefields and vaccinating children. It
undermines military dictatorships and military lobbyists. It subverts
sweatshops and special interests.Where people feel powerless, it
helps them organize for change, and where people are powerful, it
reminds them of their responsibility." ~~~~ Author Unknown ~~~~
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