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About the courts

citizens are getting very serious about illicit drugs in Bermuda. However a close examination of The Royal Gazette's story files makes us wonder just how serious Bermuda really is where drugs are concerned. In drugs cases there appears to us to be a major breakdown in both the court system and the jury system.

We have been looking at some figures for Supreme Court jury trials for 1996.

There were seven major drugs cases with apparently strong evidence in which the defendants were found not guilty by a jury. Each case involved a substantial quantity of drugs. In all of these cases there was good evidence to associate the accused persons with the drugs. We must ask if that indicates a weakness in Bermuda's jury system.

The number of acquittals does appear to be unreasonable and they must cause legal authorities a good deal of concern. It is all very well to arrest people but there must be an expectation that they will be dealt with in the courts in a responsible way. We know that not everyone charged is guilty but the general figures do appear to be against the odds even leaving aside the possibility of sloppy police work.

It would seem that far too often jurors are reluctant to convict on the evidence because thay take the attitude: "I was not there.'' They don't seem to accept that a not guilty verdict requires a reasonable doubt; the important word being reasonable. They have, of course, taken an oath to do their best but that seems to count for little these days.

We are convinced that far too many people who might take their duty more seriously have found ways to avoid jury duty and that has served to weaken the system. If we are correct, then the jury lists should be closely scrutinised.

There is a second problem. It seems to us that too often people on drugs charges are allowed out on bail by magistrates. In one case a firearm and ammunition were involved. Another accused was allowed bail despite the fact that he had numerous previous convictions of a similar nature and on one occasion had fled the Island while on bail. In another case, the drugs were taken from the accused's vehicle in his presence and he was bailed. Two people were bailed after being charged in what is probably the largest drugs haul in Bermuda's history.

It is important to remember the principle that people are innocent until proven guilty but judges and magistrates have a duty to keep in mind any risk to the public. There have been crimes committed by people on bail. Our records show that in each of these cases the Police prosecutors strongly objected to bail and bail was granted.

There are other problems. The defence lawyer is often much stronger and more experienced than the prosecution. It may be that Bermuda needs to pay above the present scale for Crown Counsel to attract some top people.

We think the general picture is cause for concern and that it is time to take corrective measures.