Khan slams CJ’s take on jury trials

Khan referred to a newspaper article earlier this year in which the writer said Archie identified the jury system as the cause of delays in the criminal justice system and called for its abolition.

He said the article cited Archie as saying a criminal case took two years of the court’s time and ended with no conviction.

Khan said the CJ was referring to the Vindra Naipaul-Coolman murder, a case in which he (Khan) was lead prosecutor. He said the article quoted him (Khan) as saying, “only a dictator or a fool would support the abolition of trial by jury in this country.” He said the article further quoted him as saying, “This is a multi-racial and multi-religious society and we cannot have a single judge determining whether an accused person should be convicted and sentenced to death or a long term of imprisonment.” Khan reiterated that trial by jury is the right of all citizens. “It must be emphasised that trial by jury is more than a mere instrument of justice in that it affords our ordinary, God-fearing citizens of good character an opportunity to participate in the criminal justice system in the delivery of justice. Indeed the jury as an institution is the cornerstone of the criminal justice system in this country and as such it is indispensable to our participatory democracy.” He added that, “Massa Day is not done in this country. He has reincarnated, metaphorically speaking, in jacket and tie/knife and fork, Afro and Indo-Saxon who are of the view that the descendants of field slaves should not participate in the delivery of justice in this country. They rule this country in the interests of the parasitic oligarchy who continue to suck the blood and sweat of our people!” Khan made the comments while delivering opening remarks at a three-day Advanced Criminal Trial Advocacy Programme organised last week by the LAAA at the Hilton Trinidad, St Ann’s.

The programme was carried out by the National Institute for Trial Advocacy in the United States which has brought a team of senior and highly accomplished attorneys to conduct the training.

He cried shame on a nation unable to protect its citizens from criminals and recommended that murder should be categorised as first; second and third degree. He said there should be a workable plea bargaining system; recommended the implementation of the parole system; the abolition of appeals to the Privy Council in favour of the Caribbean Court of Justice and called for an end to the system of police prosecutors in the magistrate’s courts.