Judiciary reiterates independence amid praedial larceny retreat suggestion
KINGSTON, Jamaica – The Judiciary is assuring the public and members of the legal profession that the executive arm of Government does not determine what type of judicial education that is appropriate for judges.
The reminder comes as the judiciary notes a media report which was published in at least one of the daily newspapers, in which certain remarks have been attributed to the executive arm of Government as manifested by the Ministry of Agriculture. The report suggests that the Ministry of Agriculture will be organising a training seminar and inviting judges to attend.
“This, the report suggests, is being done in an effort to have judges understand ‘the level of losses farmers have been experiencing at the hands of criminals’, noting that ‘first-hand knowledge is the best and most effective way of addressing the problem’.
:The role of the judiciary is to interpret and apply the law as passed by Parliament,” a statement from the Court Administration Division read.
“The judiciary will and can only take into account the evidence presented in court and therefore the level of losses farmers have been experiencing at the hands of criminals’ is not a relevant consideration to determine whether the evidence presented in court has proven that the person has committed the offence charged. For the judiciary, having ‘first-hand knowledge is the best and most effective way of addressing the problem’ cannot be a factor in adjudication. The legislature has enacted the Proceeds of Crime Act that addresses the issue of persons who benefit from criminal activity,” the statement continued.
Judicial education, the CAD said, is solely the remit of the Judiciary of Jamaica in keeping with the independence of the judiciary.
“The judiciary is fully aware of its responsibility to interpret and apply the laws as enacted by the Parliament of Jamaica,” CAD emphasised, adding that the judiciary has a Judicial Education Institute that is the sole body responsible for determining the training needs of the judiciary.
“The independence of the judiciary is a non-negotiable aspect of our democracy and must be guarded zealously,” the statement concluded.
