Should we hear the judges out?
Published:Saturday | August 15, 2020 | 12:09 AM
THE EDITOR, Madam:
How important or influential is public opinion? Ask any seasoned politician, especially during an election campaign. Are members of the judiciary expected to pay any or even special attention to the court of public opinion during deliberations on constitutional challenges and other crucial matters?
The judiciary is the branch of Government which administers justice according to law. Balance, resonance and harmony are most desirable, but no system is perfect and we will not always agree with each other and with rulings by the judiciary. The recent ruling by the Supreme Court, before Emancipation Day, which has sparked widespread criticisms and condemnation from many quarters, is a classic example.
There are many issues, for me, which are being highlighted from this controversy: the tendency in recent times for open criticisms of the judiciary, black consciousness and identity, especially relating to hairstyles, freedom of expression and the way this may clash with rules and regulations of institutions and even societal laws, the manner in which we conduct public discourse and the unfortunate threat issued to members of the judiciary during this controversy, and the implications for democracy and societal stability.
If we desire to reduce crimes and maintain law and order in our society, then it is critical to have an independent, impartial judiciary which is free from all forms of intimidation, hence I had anticipated the swiftest and strongest condemnation of this threat by influential persons and groups in our society. Highest commendations to Chief Justice Bryan Sykes, who condemned this act right away and outlined its implications for our democracy. But I was most disappointed by the muted response to threats to the judiciary by those who perpetually praise themselves as the vanguard of democracy.
GREATEST THREAT
The greatest threat to Jamaica right now is not the COVID-19 pandemic, but the threat of lawlessness which will further worsen the spread of COVID, which can become uncontrollable and quite devastating. COVID-19’s survival rate is more than 90 per cent, but the mortality rate from the bullet in many respects is close to 90 per cent. More than ever, to combat COVID we see the importance of law and order and adherence to rules.
People have a right to speak out, voice their views on various issues, protest peacefully and vent their frustrations. But while doing so, we must be prepared to hear each other out, including our judges. Great ideas leading to transformation often come from a combination of good ideas, after a careful evaluation of many good and bad ideas.
Which do we wish to dominate, the court of public opinion or the judiciary? Judges do err and are not beyond criticisms, which should be done in a manner which strengthens and does not weaken the system. It is within our collective interests for greater societal stability to show more respect to the judiciary.
DAIVE FACEY