  |
The Government must not tamper with Gibraltar's system of British justice
|
The Government must be careful it does not unnecessarily tamper with the principle of trial by jury which is at the heart of the British justice system and which stems from English common law, unless there are very compelling reasons to consider the possibility of change within the system that by far outweigh all other considerations.
The manner in which justice minister Daniel Feetham has been handling this vitally important question leaves much to be desired.
To begin with, if the Government is serious about it, there should have been a formal statement, and Press conference, so that anyone wanting to attend and ask questions may have been given the opportunity to do so. CONFUSION AND DISCRIMINATION Instead, Mr Feetham has chosen to try and introduce debate about such a vitally important matter by issuing information in dribs and drabs, giving rise to public confusion, and possible Press discrimination.
It has to be understood that everyone is entitled to be tried by jury as at present enacted.
Further, judicial matters in Gibraltar are at present embroiled in serious considerations of an unprecedented nature. Is this an appropriate time to raise such a vital question, proneto divert public opinion into other areas of justice?
If accusations against local juries can be proved and justified, and are particularly serious, what should be done is to address that particular issue without tampering with the precise and overall nature of having a jury system, which is the cornerstone of British justice.
Besides, concerns some people might have about jurors are not endemic to Gibraltar, as such concerns arise in other countries where the jury system is operating.
In the case of Gibraltar, who are those people and what are those concerns?
If such concerns are real and overwhelming, what the powers-that-be should do is to find a new and more foolproof way of selecting jurors, strengthening the selection process in a manner that is more likely to ensure that justice will always be done, if it can be proved that at times full justice is not being done.
It must be understood that the jury system is based on the concept that the accused is judged by their peers, employing ordinary standards of reasonableness and fairness as seen by the average person.
CHECKS AND BALANCES
The jury system is also seen as an important check against State power and interference, its origins being based on that. In a place like Gibraltar, where some argue that there is a lack of constitutional checks and balances, should we now indulge in tampering with the judicial checks that emanate from the jury system?
Many police officers, for example, appear to think that when someone is arrested that person is guilty. That seems to be the mentality that has been ingrained in them. Hence,
when someone is acquitted, there are those who think that there is something wrong with the system.
Could it be that what is wrong lies elsewhere?
In fact, there are many other reasons that could be put forward as to why cases may be lost by the Establishment, without putting the blame on the jury system.
And furthermore we must not tamper with the jury system piece meal, changing an aspect of it today and something else on another occasion, because the cumulative effect could be to bring about the end of the system as such.
|
|
|
|
