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DPP not in favour of bench trials

DPP Paula Llewellyn, speaking with TVJ's Smile Jamaica host Dahlia Harris.
By Racquel Porter    
 
Director of Public Prosecutions Paula Llewellyn has made it clear that she is not in favour of bench trials.
 
Chief Justice Bryan Sykes has been calling for an end to jury trials arguing that bench trials, in which judgments are done by the judge instead of a jury, would save judicial time and allow for more cases to be tried.
 
Ms. Llewellyn, who was a guest on TVJ's Smile Jamaica on Thursday morning, sought to clarify the recurring issue of lengthy completion times for court cases, including the duration of trial matters because of difficulties with the juror selection process.
 
The returning DPP with close to four decades of experience under her belt, said jury trial, especially in heavy credibility cases, helps citizens to understand the justice system.
 
Ms. Llewellyn also explained that the jurors' experience and knowledge are necessary to deal with the potential difficulties or dangers of life in an urban environment when justice is being dispensed.
 
"With the greatest respect to my colleagues on the bench, there are some streetwise nuances that come out in the evidence that really it's only jurors would understand. And you would find that some judges are tempted to become too legalistic in looking at the evidence. I find that in heavily credible specific cases where credibility is the issue, in my experience, it is easier for the average juror to separate out - we may not believe the police officer, but we believe the eyewitness. The judge, being very legalistic and cerebral, would more tend to say, well it covers everything. I don't believe anything. That is my experience. So I would prefer to see a hybrid situation," she argued.   
 
Meanwhile, Ms. Llewellyn called for greater public education on how the justice system works. 
 
"The system cannot work unless you have witnesses to give evidence, jurors. And there's nothing wrong. There's nothing to be intimidated about.... I've had persons tell me, they're afraid, they're not going to give the evidence. And I said, go into the witness box, you're here. And they give every word and the person is convicted," she disclosed. 
 


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