The recent attack on the Jones family in Colleton, St John, has jolted the nation. Their residences – one shot up, the other the target of an arsonist – were reportedly targeted after a family member gave evidence in a murder trial. As we see it, the violence was also an attack on justice itself.
We cannot afford to turn a blind eye to the intimidation of witnesses. The government’s move to introduce the Criminal Proceedings (Witness Anonymity) Act is timely. It is necessary, given the changing character of criminality on the island. As Attorney General Dale Marshall stated, “witnesses are the linchpin of any prosecution”. Without them, our criminal justice system will falter. If witnesses are too afraid to testify, crimes will go unpunished, and that is exactly what the criminal element wants.
Yet, many Barbadians remain sceptical about how effective witness protection can be in a country that is just 166 square miles and where so many people know each other.
It is a rational concern. In a close-knit society where news travels fast and secrets are hard to keep, trying to ensure anonymity and safety is a real challenge. But it is precisely because of this social closeness that we need strong protections that are enforced.
The legislation offers multiple measures to address these issues, including provisions that allow witnesses to testify under conditions that protect their identity. The law has to recognise the delicate balance between an accused person’s right to face their accuser and the witness’ right to feel safe.
In many countries, courts now allow witnesses to give evidence anonymously if revealing their identity would put them at serious risk.
In addition to protecting witnesses, our new law also addresses the concerning issue of juror intimidation. For too long, the penalties for attempting to bribe or intimidate jurors were laughably low, a mere $250 or a year in prison. That has now changed. The penalty has increased to $100 000 or ten years’ imprisonment. This is a critical step in reinforcing the seriousness of tampering with justice.
But legislation is only the beginning. For these laws to be truly effective, implementation must be undertaken strategically. Witness protection cannot exist only in theory. It must be supported by things such as secure housing, confidential communication channels, and trained persons who understand the importance of anonymity and safety in a small society like ours.
People must believe that if they come forward with information, the state will protect them, not only in court but afterwards. This is something Mr Jones has not enjoyed.
The Jones family should not have had to suffer such trauma simply because one of them fulfilled their civic duty. The same goes for any witness who comes forward in the name of justice. It is not too much for the government to commit to ensuring their protection.
Criminals need to know that threatening or harming a witness will bring with it the full weight of the law. And citizens need to know that if they speak up, they will not be left to face the consequences alone.
Failure to act decisively could have a chilling effect on future trials. People are frequently asked to “say something if they see something”. If witnesses remain silent out of fear, our legal system will begin to fall from within. The public will definitely lose confidence in the institutions meant to protect them.
On the other hand, a well-executed witness protection programme can restore that confidence. It sends a message that the island will protect law-abiding citizens from violence or intimidation to force them into silence when crimes are committed.
We must move forward with urgency and commitment on this very serious matter. Let the Jones family incident be a wake-up call for the authorities to understand that there is a new breed of criminal on this island with absolutely no regard for the law or for their fellow citizens.
Protecting witnesses is not just about legal procedure; it is about preserving the integrity of our justice system and the safety of all who call Barbados home. Let us not wait for another tragedy to remind us of the cost of inaction.
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