LACK OF INDEPENDENCE CONSTRAINS JAMAICAN JUDICIARY,

UNCLAS KINGSTON 000689

SIPDIS

SENSITIVE

STATE FOR WHA/CAR: VDEPIRRO

E.O. 12958: N/A
TAGS: PGOV SNAR CJAN SOCI EAID KCRM KCOR JM XL
SUBJECT: LACK OF INDEPENDENCE CONSTRAINS JAMAICAN JUDICIARY,
SAYS CHIEF JUSTICE

SUMMARY
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1. (SBU) Jamaican Chief Justice Zaila McCalla expressed
frustration with the state of the Jamaican judicial system
during ChargQ Parnell's September 11th introductory meeting.
Since the 1960s, crime rates in Jamaica have increased
dramatically, yet the court system has not responded with
adequate modernization. Rather than functioning
independently, the courts rely on the Ministry of Justice
(MOJ) for all resources. McCalla cited MOJ non-responsiveness
after past offers of assistance from the USG, asserting that
MOJ inefficiency hampers critical judicial reform. The over-
burdened system needs additional funding, personnel, training,
and technology. McCalla refrained from commenting on the
USG's extradition request for Christopher "Dudus" Coke. End
Summary.

THE NEED FOR JUDICIAL REFORM
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2. (SBU) Chief Justice McCalla painted the picture of a
Jamaican justice system badly in need of reform. According to
GOJ reports, the current system is unequal, expensive,
uncertain, slow, and complicated. Stemming from inadequate
and mismanaged resources, weaknesses include too few judges, a
lack of office space, inadequate judicial training, outdated
technology, and a massive backlog of cases. Despite the
dramatic rise in crime in Jamaica over the past five decades,
the court system remains relatively unchanged. When asked to
estimate the average time between a criminal arrest and a
trial, McCalla responded that the courts have no statistician
to provide such useful information. The Chief Justice
suggested that the courts were constrained by the
malfunctioning MOJ, which oversees the courts. She hinted
that legislative change would be necessary for true judicial
independence in Jamaica. (Note: Chief Justice McCalla was
appointed by current opposition leader and former Prime
Minister Portia Simpson Miller. Attorney General Dorothy
Lightbourne, meanwhile, is a member of Prime Minister
Golding's Jamaica Labour Party. Thus, political divisions
likely complicate the relationship.)

INDEPENDENT, WELL-FUNCTIONING JUDICIARY A BENCHMARK OF
DEMOCRACY
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3. (SBU) Recognizing the importance of a well-functioning,
independent judiciary in Jamaica, the donor community has
stepped in to assist with reform. The Government of Canada
(GOC) has taken the lead in recent years, developing a
modernization plan to transform the system. A Canadian
advisory committee of justice reform experts helped guide the
Jamaican Justice System Reform (JJSR) Initiative, which
presented its comprehensive findings in 2007. (Note: The GOJ
has begun to respond to JJSR recommendations. In 2008, for
example, legislation to increase the number of judges in the
court system passed favorably.) In April 2009, GOC pledged
more than 16 million USD to fund the Justice Undertakings for
Social Transformation (JUST) Programme. The initiative aims
to support legislative reforms, modernize the justice system,
identify shortcomings in institutional management and
organization, and provide poor urban communities better access
to justice services. At the signing of the JUST agreement,
Prime Minister Golding acknowledged the importance of reform,
citing the link between a well-functioning judiciary and
economic investment. Still, McCalla seemed to view a
disconnect between these calls for reform and tangible change.
In her opinion, the MOJ remains disorganized and inefficient.


COMMENT
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4. (SBU) Chief Justice McCalla seemed quite discouraged by the
structural impediments to judicial reform in Jamaica. She
mentioned multiple offers of assistance, including those from
a former U.S. Ambassador that have gone unanswered by the MOJ.
Given the GOJ's current budget challenges, it seems unlikely
that the MOJ will receive an additional internal allocation in
the near future. Thus, MOJ responsiveness to donor funding of
justice reform programs should be a priority. At present,
USAID is not involved in any significant judicial reform
program. However, beginning September 25, 2009, in conjunction
with the British High Commission, the Embassy's Narcotics
Affairs Section is sponsoring a training session for sixty
Jamaican prosecutors and senior investigators. The goal is to

enhance the skills and cooperation of these officials.
Jamaica's high crime rates, coupled with the inadequacies of
its justice system, undoubtedly have a negative impact on
AmCits who visit or live on the island. McCalla seemed
appreciative of ChargQ Parnell's visit and appeared committed
to maintaining a positive working relationship with the USG.
End Comment.
PARNELL