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JamBar calls for Attorney General to withdraw comments on SOE detention ruling

Emile Leiba, President of JamBar; and Constitutional lawyer Dr. Lloyd Barnett, speaking with Hotline host Emily Shields
 
The Jamaican Bar Association is calling for Attorney General Marlene Malahoo Forte to withdraw comments she made which it says could undermine public confidence in the judiciary.
 
Following a Supreme Court ruling on Wednesday on the detention of five men under the state of emergency, Mrs Malahoo Forte expressed concern about the judgment.
 
The bar association says it notes with concern the Attorney General's statements that suggest the judgments of the court are not guided by the law.
 
Emile Leiba, President of the Jamaican Bar Association, said her comments were improper.
 
"As attorneys-at-law, we are free to disagree with rulings of the court but not to criticise the system of justice and question whether or not judges generally of the court or specifically are being judicial in the way in which they arrive at those decisions," he indicated. 
 
Mr. Leiba said promotion and upholding of public confidence in the impartiality of the judiciary and the sanctity of judicial rulings is of central importance to the justice system. As a result, he called for Mrs Malahoo Forte to "publicly withdraw the utterances that she has made and statement she has issued and to publicly support our system of justice."  
 
 
Attorney General responds 
 
The Attorney General responded to criticism of her statements in a media release on Friday, saying she regrets her comments were interpreted as an attack on the judiciary.
 
Mrs Malahoo Forte said she was expressing genuine concern about the approach taken by the courts in the hearing of some matters of public importance.
 
She said she understands that statements by the holder of a high office can undermine public confidence in the holders of other high offices.
 
However, she argued it was never her intention to attack any judge or undermine public confidence in the judiciary.
 
Mrs Malahoo Forte said the judiciary can be assured of her unwavering support.
 
 
Constitutional? 
 
Constitutional lawyer Dr. Lloyd Barnett added his voice to the contention on Friday as a guest on Radio Jamaica's Hotline.
 
The Attorney General had questioned the fact that a single judge had made a ruling this week that could have constitutional implications in relation to the detention of persons under the states of emergency.
 
However, Dr. Barnett told Hotline host Emily Shields that such rulings are not uncommon, neither is there anything irregular about a single judge making a ruling with constitutional implications, whether in civil or criminal matters. 
 
"There are many criminal matters which have ended with determination of the constitutionality of the case or the process, or the charge, or the statute under which the criminal process was instituted," he said.  
 


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