Bermuda needs a Gun Court – PLP MP
Bermuda needs a gun court with a panel of judges because jurors aren't meting out justice, according to Progressive Labour Party backbencher Wayne Perinchief.
The former Assistant Police Commissioner said offenders are still being let off the hook even though Police are now getting results — possibly because jurors don't want to send their own family members to prison.
"Our jurors seem very loath to mete out justice to our miscreants, especially the younger ones," the former Culture Minister told the House of Assembly on Friday night. There may be a reluctance to lock up your cousin, even if he's murdered somebody, or lock up your nephew even if he's carrying a gun.
"I do believe it's time for a gun court. I'm talking about a special court where maybe a panel of judges or a judge sits and mete out justice. We have to move to a situation where justice is done in this Country. If we perceive that justice is not working then we may wish to consider alternatives."
Mr. Perinchief, who was speaking during the debate on the Budget Reply, said opponents to such an idea may mention civil rights, but insisted: "Justice would be meted out equally to anyone who breaks gun laws. "Firearms are different to a young man with a baseball bat, or fists, or even a machete. The situation does not seem to be improving.
"A breakdown in security and safety in this Country will bring about cataclysmic results. People my age, we hate to go to a club or bar, or even to your car in some areas, because you feel you may get collateral damage. Something could hit you. We have already seen innocent people get hurt. Police are coming into their own, putting them before the court in a very timely fashion, but now the courts seem to not have the results that it's obvious to any people that they should have.
"The average person now must be questioning the jury system, if the witnesses are coming forward and Police are doing their job.
"If the jurors who are having the final say are failing us, we must start considering whether that system is working. I'm not saying that for every case, but gun cases only."
His comments were later praised by John Barritt, the United Bermuda Party Shadow Minister for Legislative Reform and Justice. Speaking to this newspaper yesterday, Mr. Barritt said: "Witness intimidation and juror intimidation is, I think, a big issue in Bermuda, and we see all too clearly what the consequences might be today.
"These are cold-blooded murders the Police and the community are having to deal with.
"The intimidation to which I refer is not just an express open threat — which can be and has been dealt with in the past when expressed openly in or around the court precincts. I am also talking about the kind of intimidation people also feel by just 'a look' and being known to the people involved in criminal trials and their families.
"Offences involving firearms are obviously serious offences, very serious, and would in my view qualify as just the sort of cases that might necessitate trials by judges or panel of judges or maybe even a combination of lay people sitting with judges."
Mr. Barritt said he recently raised the topic himself in the House, when discussing recent amendments to widen the jury pool, which he also supports.
"I am pleased to see Mr. Perinchief join in on this debate and raise publicly the issue of reform of the criminal justice system generally and in this case specifically the matter of trials by judges or panels of judges without juries," he added.
"I well recall the first time I raised this on behalf of the United Bermuda Party and how we were accused of racism and wanting to take people back to the plantation.
"That was seven years ago, I think, and today, sadly and tragically, we are recognising that this is also an issue of law and order, and of restoring and maintaining confidence in the criminal justice system for law-abiding and God-fearing members of our community, black and white. We cannot continue to turn our face to reality and we must be looking to alternatives and possible solutions."
Later in the Friday's debate in the House, Mr. Perinchief's backbench colleague Randy Horton suggested setting up a bipartisan crime-tackling committee.
"Both sides of the House need to put our heads together and come up with solutions in terms of how we are going to make sure that we address and stop all of this unnecessary violence in our community," said the former Home Affairs Minister.
"Only we on both sides of the House can do that together. I'm going to be recommending that we have a joint select committee that looks at crime and violence in our community that assists in coming up with joint solutions."
Reflecting on both topics yesterday, Mark Pettingill of the Bermuda Democratic Alliance said: "The Alliance is entirely open to work in a joint select committee on crime with the Government and other Opposition members working for the best interest of the Country.
"Our criminal justice system is undergoing review and this must continue and evolve. Having a specific gun court may not be the best way forward but certainly a panel of three judges as an alternative to juries is something we have raised for consideration and should be reviewed accordingly."
