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Editorial: Playing politics

Attorney General Larry Mussenden's claims in yesterday's newspaper that Opposition MPs John Barritt and Trevor Moniz were playing politics with the justice system ring a little hollow.

If the legislature's job is to set standards of behaviour in a community and to pass laws laying out what those standards are while it is the judicial branch's job to uphold and enforce those laws, it is inevitable that politicians will keep a very close eye on the courts.

That, essentially, is what Opposition MPs were doing in the House of Assembly on Friday. If their criticisms were strong and forthright, that's hardly surprising, given the levels of concern about rising crime in the community.

Still, it would seem Sen. Mussenden was talking at cross-purposes with the Opposition.

The UBP seemed to feel that the review of the justice system conducted by Puisne Judge Norma Wade-Miller was fine as far as it went, but that it did not go far enough.

If the review was intended simply to make the system more efficient, then it largely accomplished that goal.

Much of the PACE legislation was welcomed by the Opposition as well, although there are legitimate concerns that Police may be forced to release suspects earlier than they are supposed to now. That could mean releasing suspects before investigations can be completed or charges are laid.

But on the whole, the recommendations and their implementation are steps in the right direction. Few people, including Opposition MPs, would disagree with that.

It goes without saying that politicians of any stripe should not interfere with the independence of the judiciary, and if that was what Sen. Mussenden was driving at, then he is have every right to make that criticism.

But there is no evidence that the UBP was doing that on Friday. Indeed, their criticisms were focused much more on the Island's prosecution service and the difficulties the Police and prosecutors have in convincing witnesses to do their civic duty and give evidence against an accused person.

Sen. Mussenden seems less concerned about this problem ? in spite of the promise that witness protection legislation will be enacted ? than the Opposition.

In his view, a few cases have fallen apart as a result and that prosecutions are generally working well.

He is wrong on this point. There is a fundamental problem when high profile prosecutions fail, not on their merits, but because the prosecution cannot get witnesses to take the stand, especially if it is due to fear or intimidation.

The problem is that the more frequently this happens, the more emboldened criminals will be to threaten and undermine witnesses when they know there will be no reprisals. That is why this behaviour has to be nipped in the bud. If you wait for the total collapse of the system, it will be too late.

If Mr. Moniz can be criticised for politicking, it was over him limiting his praise for committee members to the Chief Justice and former Attorney General Saul Froomkin while ignoring the supposedly more liberal committee members.

But that pales in comparison with other politicking that has gone in recent years, most notably when Premier Alex Scott went to the mat with Government House over the appointment of Chief Justice Richard Ground.

Mr. Scott's vigorous lobbying for Mrs. Justice Wade-Miller could have placed Mr. Justice Ground on the back foot from day one (and it was hard to believe that the justice review was not an attempt to eclipse his won efforts to reform and modernise the courts system).

It is to the credit of Mr. Justice Ground and Mrs. Wade-Miller that the courts are now being improved. But that also shows that they can handle criticism from Parliament as well. Sen. Mussenden protests too much.