The story of Delroy McIntosh, imprisoned for nearly 25 years after being adjudged unfit to plead, is a national disgrace. The fact that Mr. McIntosh was originally imprisoned for possession of ganja is one of the irrelevancies that is often strewn across such discussions.
As was the case with Mario Deane, who died in police custody after being arrested for ganja possession, the issue here is not whether people should be locked up for possession of ganja. We should not therefore, be deluded into believing that the recent amendments to the Dangerous Drugs Act will cure the problem.
I say this because the critical issue here is that a vulnerable man, with no one to advocate for him and remind the world that he existed, was lost in Jamaica’s prison system, and as a result lost 25 years of his life. The fact that he was locked up for possession of ganja is irrelevant because it could have been any other minor offence, and the result would have been the same.
The real issues here are the treatment of mentally ill people in the criminal justice system, the lack of proper treatment for them, and the lack of accountability and tracking of people in the system. These deficiencies resulted in the violation of Mr. McIntosh’s and Mr. Nettleford’s right to liberty. The sad truth is we have no idea whether there are any others in the same position.
As with “Ivan Burrowes,” Mr. McIntosh has been released thanks to the efforts of human rights activist, Nancy Anderson. On this occasion, students at the Norman Manley Law School worked along with her. She says she will be continuing this important work.
There was a collective national gasp in 2013, when, after having been ousted from the Senate by Opposition Leader Andrew Holness, by way of delivery to the Governor General of a pre-signed letter of resignation and a pre-signed letter of authorization to date and send the resignation letter, Arthur Williams revealed that he had crafted those very letters.
There was doubt in some quarters that Williams would even be entertained in the Supreme Court, given his significant contribution to creating the very devices that were used to remove him from the Senate.
When the Supreme Court ruled that the letters were inconsistent with the constitution, contrary to public policy, null and void, the questions were raised again.
How could Arthur Williams benefit from a ruling made necessary by a situation that he himself had brought about? Shouldn’t he have been barred from accessing the court, or at the very least not have benefitted from its ruling? Read more in my post on www.rjrnewsonline.com.
According to the Supreme Court ruling in the case of Arthur Williams v Andrew Holness, political leaders have no power to revoke the appointment of Senators. The question we are left with is whether they should have that power.
The case has left Jamaicans asking about its immediate impact on the composition of the Senate, with lawyers for Mr. Williams maintaining that he and Mr. Tufton are still Senators while lawyers for Mr. Holness disagree. Read more in my post at www.rjrnewsonline.com.
One of the cartoons published by the French satirical magazine Charlie Hebdo portrayed France’s black Justice Minister Christiane Taubira as a monkey. Would you regard that as racist?
Was it their right to publish that and other cartoons denounced by some Muslims as blasphemous of the prophet Mohammed? Should freedom of expression protect offensive speech? To a great extent, I believe the answer is yes. And yet, the debate over freedom of expression is a difficult, complicated and nuanced one. Just because you can say something doesn’t mean you should. And what if what appears to be an offensive statement is simply being misunderstood? Read more here.
Lisa Hanna is Minister of Youth and Culture and a Member of Parliament. She’s also a former Miss World. She’s a beautiful, stylish woman whom the photographers love, and people love to talk about her. So when a gorgeous photo of the Minister at the beach in a swimsuit (come on, it was) hit social media, via her Instagram page, we came close to having to call in the Office of Disaster Management and Emergency Management to coordinate the resulting crisis. Read more at http://www.rjrnewsonline.comright here.
The answer to the question as to whether the West Kingston enquiry, just started at the Jamaica Conference Centre, is a waste of time probably depends on your expectations. If you want to see someone pronounced guilty and sent to prison, then you may well find it a waste of time since the enquiry is not a criminal trial.
Should the age at which people can legally consent to sexual intercourse be 16? Or should it be raised to 18? I explore this and related issues in two posts on http://www.rjrnewsonline.com on this issue, Part 1 which you can read here and Part 2 which you can read here. Check them out. Let me start you off….
“Children shouldn’t be having sex!”
“You can’t vote at 16, so why should a 16-year-old be allowed to have sex?”
“Our laws need to send the message that we don’t believe that it is ok to have sex at 16!”
This is just a sampling of the types of responses that have been generated in the wake of the review of the Sexual Offences Act, and in particular the status of children under the Act. Remember, anyone under the age of 18 is a child, according to the Child Care and Protection Act.
The problem is that the discussion, as it generally unfolds, ignores the wider context of the various age limits applicable to childhood and the reasons for the disparities. Read more here.
What should we make of the (renewed) protests against the proposal to criminalise rape in all circumstances, including those within a marriage? The protests, or perhaps worse, the snickering, trivialize what is one of the most important issues facing women all across the world, that of domestic violence. Read more here.