Attorney General Dale Marshall says Government has made the right move by putting in place laws to protect witnesses and jurors from threats and intimidation, but some Barbadians remain sceptical about how effectively this can be executed in such a small country.
The comments come in the wake of the report in yesterday’s DAILY NATION highlighting the plight of the Jones family in Colleton, St John, whose home was riddled with bullets and another set on fire. The victims said they believed the attack was a major threat after a member of the family was asked to present evidence in court in a murder trial in which the accused was found guilty. Last week, another man was charged with committing perjury during that case.
Marshall said he could not comment on the specific incident, as police investigations were ongoing.
Sharp focus
“But if the allegations are correct that the attacks are for the purpose of silencing any witness, it brings into sharp focus the importance of protecting witnesses in criminal matters. This is exactly the reason why we just passed in Parliament the Criminal Proceedings (Witness Anonymity) Act.
“We have been receiving reports of individuals trying to intimidate witnesses into not giving evidence, and this cannot go without a firm response from law enforcement. Witnesses are the linchpin of any prosecution. We cannot have successful prosecutions unless individuals are prepared to come forward and give evidence in court of what they know, and it is the responsibility of the State to protect such persons,” he stressed.
Marshall said the new legislation provides for a range of options for protecting witnesses “by way of allowing them to give evidence with an appropriate degree of anonymity. The accused person has the right to confront his accuser, but the courts have always recognised that there are times when the identity of a witness must be concealed for that witness’ safety”.
Jurors, he added, were also addressed by stiffening the penalties.
“Attempts have also been made to intimidate jurors or influence jurors and we have also tightened up on the law in that regard by increasing the fines from the trifling $250 or 12 months’ imprisonment, to $100 000 or ten years’ imprisonment. Jurors and witnesses are to receive the fullest protection that the law can give them for performing their civic duty,” the Attorney General said.
Senior citizen Edward Herbert, one of a number of people to whom the DAILY NATION spoke in The City yesterday to get their take on the witness protection move, said while he was in favour of it, he was uneasy about its practical application.
“I am wondering how effective it will be because we are a small, we are a closeknit community and as you know, news gets around as soon as a pin drops,” he said.
A 31-year-old man, who declined to be named, expressed similar concerns.
“The idea of it in protecting witnesses is a good idea. Especially in the case of capital murder crimes and those sort of heinous activities, it can definitely lead to some sort of security towards the witnesses. However, my viewpoint is that in Barbados, a country that is so small, I’m not sure of the effectiveness of it because the society does snitch on itself.
“I say that because I might be a witness to a crime and I go and I testify and somebody knows that I am the witness. You as the court has done your due diligence to protect my identity from the aggressors but then, somebody out there may say, ‘Wait, I know that he is the body’ and quick so, I still out. My information still out there so then, how then do you mitigate facts like that? So it is a good idea but there are still aspects of it that needs to be fine-tuned,” he added.
For Sharee Haynes, it will be a good move “if it serves its purpose”.
“Everybody would be feeling more safe and protected. I hope that it would bring
down crime a little bit because if something is done, maybe people (criminals) would be a little scared,” she reasoned.
Another concerned Barbadian said he had lost faith in the justice system and was not confident witness protection would work.
“The court system does fail we a thousand per cent because ‘pon de street shouldn’t got three murderers or one man that do three murders actually. That’s an everyday thing . . . . Then they come with this thing that we gotta help an officer in crisis, that the public supposed to assist he. That is actually worse than testifying against somebody because, what am I doing holding onto a man, a criminal that is literally going to see my face and I put my hands on him? That is . . . worse than witness protection.”
When asked whether he would feel protected in such a circumstance, he replied: “Nah. That’s a myth. What is the police going to do? Put you in a hotel and guard you? Dem ain’t doing that. That ain’t going happen and if a criminal want you, he going get you regardless of which part you is because this is a small, small country. You can’t hide from somebody that want you. They would have to take you and send you away (overseas). If that’s the system they got, it would be that.”
(Nation News Desk)
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