Draconian legislation primary reason for overcrowded prisons

Jan 13, 2009 News

…lack of judges and ineffective police prosecution also at fault – Basil Williams

Prominent attorney-at-law and Member of Parliament Basil Williams yesterday lambasted recent comments by Home Affairs Minister Clement Rohee, who had told this newspaper that a major factor in improving the criminal justice system and reducing the overcrowding of the prisons is getting the courts to deal more speedily with remand prisoners.
Williams debunked this argument, pointing out that the principal reason behind the excessive overcrowding of the prisons stems primarily from persons being placed on remand as a result of several pieces of “draconian legislation” tabled and passed recently by the minister.
He said that the minister successfully sought to make several offences non-bailable. This, according to Williams, has also had a direct impact on the psyche of magistrates and judges, who are now reluctant to grant bail for even the bailable offences.
Williams emphasised that Guyana was technically not a communist state, and as such, the principle of “innocent until proven guilty” must be held sacred.
The attorney also said that to compound the situation further was the fact that there were inadequate amounts of magistrates and judges, who are now overburdened with the quantum of matters pending.
He also added that preliminary inquiries into matters place an added burden on the prison system, given that most take years to be completed, and each time a matter is called the accused is remanded further.
Another bone of contention, according to Williams, is the ghastly, ineffective way in which the police prosecution office deals with matters before it.
He noted that one of the most common complaints levelled against the police prosecution was the fact that, on the majority of appearances before a magistrate or judge, the prosecution would often complain of not being in possession of the requisite case docket.
“What happens to the accused then? You would not send them to Rohee’s house. They have to be remanded to prison.”
At his end-of-year press briefing, Minister Rohee had told media operatives that the rate at which persons are going into the prison system is far greater than that of them coming out.
He pointed out that improving the prison system cannot be separated from the criminal justice system.
“There are too many persons on remand. The court system must be faster,” Rohee had said.

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Draconian legislation primary reason for overcrowded prisons

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