A draft bill dealing with the protection of witnesses will shortly be shared with the Barbados Bar Association (BBA) for its consideration and comments.
This disclosure came recently from Attorney General Dale Marshall, as he addressed the opening of a two-day symposium on the Criminal Justice (Plea Negotiations and Agreements) Act, 2024-24, at the Lloyd Erskine Sandiford Centre. Those attending the meeting included members of the BBA, police, and staff of the Office of the Director of Public Prosecutions (DPP).
Mr. Marshall told his audience: “I believe that defence counsel would want to know…that a client who was going to be giving evidence against somebody and an accused would not both go up to Dodds and sit side by side. Obviously, that’s an untenable situation, and therefore legislation to secure the protection of witnesses in criminal cases is going to be especially important, and an important part of the toolkit.”
He disclosed that the legislation on the protection of witnesses would be modelled after that of St. Vincent and the Grenadines.
“Now, I hope that this legislation piques the interest of everyone, and that we use it. Often, we pass laws, and they go into the law books, and they sit there for 10, 12, and 15 years before somebody says, ‘wait, we got a law dealing with this’.
“We want criminal justice reform to be meaningful…. I don’t want us to pass these pieces of legislation and leave them gathering dust. We have to find a way together to make our criminal justice system work…. We have to find effective ways of easing some of that pressure on the police, on the Office of DPP, defence lawyers, and on the system. And all of these pieces of legislation, when we enact them, are intended to provide such opportunities,” the Attorney General emphasised.
Mr. Marshall noted that the BBA’s criminal committee had examined the Plea Bargaining legislation before it went to Parliament, and his Office was able to incorporate some of the critiques.
He proffered the view that such a collaborative approach is vital because it takes them closer to a solution that works well for everyone.
Director of Public Prosecutions in Jamaica, Paula Llewellyn, said when that country initially introduced the legislation, there were some “teething pains”, but they were sorted.
Ms. Llewellyn stated: “It is working very, very well for us, so much so that it is a part of the prosecutor’s toolkit…. We have used it in several very big cases recently…. The formal plea negotiations allow you not only to have sentencing negotiation, but importantly, to be able to use one co-accused in a multiple accused case against other co-accused.”
She pointed out that some incarcerated accused persons were mandating their attorneys to get in touch with the Office of the DPP.
The Jamaican DPP continued: “Or we have had situations where a high-profile matter is in the public domain, and just…before the case is going to commence, somebody, who has already been incarcerated [and] serving their sentence, has decided that they want to take advantage of the provision.”
She added that it was necessary to know when it was appropriate to use the Plea Bargaining legislation, how to use it, and to make sure that the interests of the public, accused, and victims are all aligned.
Ms. Llewellyn stressed: “It’s a win-win for the public interest, the accused, the victims and society as a whole if we all get it right.”
Barbados’ DPP, Donna Babb-Agard, proffered that transparency and fairness underpinned the legislation. She indicated that the Act also addresses the rights of victims.
Mrs. Babb-Agard continued: “Some may argue that this legislation gives accused persons an undeserved break, but through plea bargaining, accused persons are given the opportunity to plead guilty to lesser charges in exchange for reduced sentences. Justice is therefore accelerated.
“It has been said that plea bargaining will help to mitigate the excessive harshness of the criminal justice system. Additionally, it provides a mechanism to incentivise defendants to cooperate with the government or to accept responsibility for their criminal conduct. The plea also provides a clear and certain resolution to a case which purports to bring finality for the defendants, the victims, the courts, and the community.”
President of the BBA, Kaye Williams, indicated that over the past 12 to 18 months, the spotlight had been placed on the criminal justice system with its concomitant reforms in the legislative framework.
Mrs. Williams stressed that attorneys-at-law must see themselves as key stakeholders in the criminal justice system. “That means that as the legislative framework builds and takes new form, …we as attorneys must stay sharp, stay focused, stay informed, [and] stay vigilant,” she stated.
She gave the assurance that even with its independent voice, the Bar will work together on issues of national import for the benefit of the nation.
The symposium was hosted by the Office of the Attorney General, and organised by the Office of the DPP. It was facilitated by the Director of Public Prosecutions in Jamaica, Paula Llewellyn, and Assistant Director of Public Prosecutions, Jamaica, Alice-Ann Gabbidon.