Fees increased for attorneys providing legal aid in criminal matters

 

The government has agreed to increase the fees paid to attorneys providing legal aid in complex criminal matters, such as the One Don Gang trial.

 

Lawyers had complained that the compensation package for defence lawyers was exploitative and urged the Ministry of Justice to review the cap placed on earnings.

 

Speaking in the House of Representatives on Tuesday afternoon, Justice Minister Delroy Chuck said Cabinet had considered the arguments from the attorneys and adjusted the fees upwards. 

 

"We have removed the cap of six months, because if the matter goes on for nine months, then the attorneys would be working three months without any remuneration. So what we have done, Madam Speaker, is to increase the first month from $300,000 to $350,000 for senior attorneys; $200,000 to $250,000 for junior attorneys; and subsequent months, $250,000 and $150,000 [respectively]," he announced. 

 

Mr. Chuck said payments would be made at the end of each month and the fees would be pro-rated if attorneys appeared in court for fewer than 15 days in a month.

 

The minister stressed that the updated fees are still low compared to regular rates, as they "represent less than 15 or 20 per cent [of] what an attorney would earn" on a normal basis. 

 

"This is a contribution, Madam Speaker, and in the circumstances, we're saying the government is able to put this forward to assist indigent clients, especially those in these gang trials," he insisted.  

 

 

Opposition Leader Mark Golding has called for people facing drug charges to be able to access legal aid.

 

The Legal Aid Act currently excludes such persons from being assisted by the government with their defence.

 

However, Mr. Golding argued that all matters should qualify for legal aid since Jamaica's constitution presumes innocence until a person is proven guilty. 

 

"There is no reason why the fact that you're charged with a particular type of offence should preclude you from being eligible to receive legal aid and to mount the best defence you can; and if you are convicted, so be it," he contended. "But the role of the state, through the legal aid system, is to ensure justice is done in an even-handed way." 

 

Attorney General Marlene Malahoo Forte added that the Charter of Rights gives all persons the right to legal defence.

 

Justice Minister Delroy Chuck agreed with the Opposition Leader and Attorney General and said the matter would be reviewed. 

 

However, he said "in the event that those persons [who received legal aid] are convicted and in fact they have assets...which clearly could be traced back to their gang activities or their fraudulent activities, then under the POCA legislation, they must go for the assets". 

 

The Proceeds of Crime Act, or POCA, was passed by Parliament in 2007 and provides for the recovery of funds garnered through illicit activity.