Trial by judge alone, is racist

“I prefer to stay with the United States and the United Kingdom.

With the exception of jury tampering and serious cases of fraud,” Mark said, “That is the only time they have introduced trial by judge alone. Every thing else is trial by jury.” Contributing to the debate on the Miscellaneous Provisions (Trial by Judge Alone) Bill in the Senate yesterday, Mark said, “I do not want to be part or seek to become part of those countries.” He said it was in a judge alone trial that, “The iconic Nelson Mandela” was sentenced for life in the cells of Robben Island.

South Africa, under an apartheid regime, he said, established the trial by judge alone for racist reasons.

“We don’t want to be part of that experience,” he said registering his opposition to the bill.

As lawmakers, he said, their first duty as lawmakers is to safeguard the majority against terror, aggression and tyranny of the minority, especially against corrupt governments where they exist.

Mark did not agree with Attorney General Faris Al Rawi, other Government and Independent senators who said the new piece of legislation was providing for an option to the trial by jury.

He said that the bill seeks to amend trial by jury in the Criminal procedures Act in relation to mentally ill persons, to trial by judge alone. His colleagues, including Attorney General Faris Al Rawi who piloted the bill and who spoke before him, Mark said, have quoted extensively Chief Justice Ivor Archie who favours the abolition of trail by jury. Back in June 2012, he said, Al Rawi was against abolishing trial by jury.

Mark said, Al Rawi at the time claimed that trial by judge alone was infringing on citizens constitutional rights, that it was dangerous and that he had a difficulty with it in the criminal justice system.

In 2012, the then People’s Partnership Government, he said, “had brought something (in the Parliament) to abolish trial by jury and we pulled it back because when we went out there the people were against it.” The former Senator, now Attorney General, he said, is singing a different tune by advocating for trial by judge alone.