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Attorneys-at-law Terrence Williams and John Clarke, speaking Friday on Beyond the Headlines
The human rights advocacy organization, Jamaicans for Justice, is urging that there be periodic reviews of persons in custody awaiting their appeal to prevent further miscarriages of justice.
This appeal follows the recent quashing of the conviction and sentence of Brian Russell.
The ruling was handed down on Monday in the Court of Appeal.
Mr Russell was sentenced in 2015 to eleven years imprisonment for firearm and robbery offences. It took eight years for his appeal to heard.
As part of a collaborative project between Stand Up for Jamaica, Jamaicans for Justice, and Public Law Chambers, efforts are being made to assist appellants whose appeals have been subjected to prolonged delays.
Terrence Williams, one of the attorneys with Public Law Chambers, speakin Friday on Radio Jamaica's Beyond the Headlines, revealed that it took seven years for the transcript from Mr Russell's trial to be prepared and one year for the matter to be heard in the Court of Appeal.
Mr Russell will be eligible for release next month.
John Clarke, attorney and Board chair of Jamaicans For Justice, said this case, the second in recent times, has again exposed deficiencies in access to justice for appellants.
Legal Aid
The attorneys are also highlighting a gap in the legal aid system, which is designed to assist appellants.
It was explained that in Jamaica's jurisdiction, counsel is not assigned until after the Court of Appeal judge reviews the transcript of a case. During this period, a prisoner, without the resources to hire a lawyer, has to file his or her appeal without proper legal assistance.
In that regard, attorney John Clarke has recommended changes to the Judicature (Rules of Court) Act.
Another challenge noted is limited access to bail pending appeal, even where the delay is attributable to the state and imprisonment may exceed the period ordered by the sentencing court.
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