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Topic: Derail that trick, Madam Chief Justice *Friday, July 11, 2008 *

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Derail that trick, Madam Chief Justice *Friday, July 11, 2008 *

Derail that trick, Madam Chief Justice

Friday, July 11, 2008

Are we to understand that if Mr Lennox Swaby, one of the two men accused of murdering Mr Richard Lyn and his wife Mrs Julia Lyn almost two years ago, decides that he is going to take the court for a ride by firing attorney after attorney and consequently delaying his trial, there's nothing anyone can legally do about it?

And if this be the case, shouldn't someone somewhere be actively planning how to derail that trick before others catch on to it and plunge the already beleaguered justice system into a further mess?

Why is it acceptable for Mr Swaby, who along with Mr Calvin Powell is awaiting trial for the murder of the Lyns, to be in custody for one year and seven months, according to the story in yesterday's edition of this newspaper?
We cannot accept that human rights can justify this type of abuse of the court's processes.
No.

For while we accept that Mr Swaby has the right to an attorney of his choice, he cannot be allowed to keep changing representation without a rational explanation. It's just not fair to the Lyns, who were slaughtered and dumped - like animals - in a barrel on a landfill.

Indeed, this type of delay doesn't augur well for the justice system or anyone - the accused men included - in this country.

It simply makes a mockery of the system and bolsters the brazen resolve of the criminals among us to wreak havoc on the society.

According to Senior Deputy Director of Public Prosecutions Ms Lisa Palmer, there have been at least three case management conferences on the matter.

Is it that there is no room for the exercise of discretion during these conferences?

Or is this particular case simply indicative of poor management skills?

As we understand it, case management conferences were introduced a few years ago in an attempt to cut down on the backlog of cases that has been plaguing the justice system for decades. Yet, as Mr Winston Lawson, president of the Manchester Chamber of Commerce pointed out in yesterday's story, the court system is still in a mess. Clearly something is just not working!

Maybe if there was a greater obligation for accountability within the justice system, and indeed other systems of governance in this country, we would be spared horror stories like this one.

However, the truth of the matter is that the demon of procrastination has taken root in almost every aspect of our society.

And in this particular case we believe the chief justice has a moral obligation to do something.

We understand that her hands may be tied in some legal respects, but at the very least we expect her to ensure that every possible move is made to facilitate the speedy expedition of this case.

It is, after all, what being a leader is all about.



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