标签： Jamaica

A significant constitutional debate has erupted within Jamaica’s legal community following controversial remarks by distinguished jurist Patrick Robinson regarding appellate court authority over judicial decisions. The former International Court of Justice judge recently advocated for eliminating what he termed “a legal oddity” – the ability of Jamaica’s Court of Appeal to overturn rulings made by the Chief Justice.

Robinson’s position, articulated in a January 2026 Sunday Gleaner column, emerged from his analysis of Jamaica’s 2025 appellate court decision to quash a murder conviction originally presided over by Chief Justice Bryan Sykes. The appellate court had determined that Justice Sykes had “descended quite extensively into the arena” during proceedings, improperly eliciting evidence that should have remained the prosecution’s responsibility.

In response, prominent defense attorney Peter Champagnie, King’s Counsel, has characterized Robinson’s proposal as both “a misstep” and “retrograde,” despite expressing profound respect for Robinson’s legal expertise. Champagnie maintains that appellate review of judicial decisions represents a crucial “peer review” mechanism essential to maintaining judicial integrity within democratic systems.

The attorney specifically referenced the Judicature (Appellate Jurisdiction) Act, highlighting provisions that ensure the Court of Appeal’s independence from the Chief Justice’s office. Section 3(1)(b) stipulates that while the Chief Justice may participate in appellate panels, this requires invitation from the court president and the presence of at least four other judges.

The controversy centers on the case of Conroy Stephenson, whose murder conviction was overturned in December 2025. Stephenson had been sentenced to 16 years imprisonment in 2019 for a fatal shooting in Seaview Gardens. The Appeal Court determined that extensive judicial intervention during witness cross-examination had denied Stephenson a fair trial, resulting in both overturned conviction and acquittal without retrial.

Champagnie clarified that while judicial questioning during trials is permissible for clarification purposes, judges must avoid descending into the adversarial arena by conducting what effectively becomes cross-examination on behalf of either prosecution or defense. This distinction between appropriate judicial inquiry and improper advocacy forms the crux of the current legal discourse surrounding judicial conduct and appellate oversight in Jamaica’s justice system.

Jamaican authorities have escalated efforts to apprehend 30-year-old Kerrin Bailey, alias “Bones,” who remains at large following a deadly November 2025 shooting incident in St. Andrew. The Kingston East Police Division has issued a renewed public appeal for information regarding Bailey’s whereabouts, emphasizing his status as a primary person of interest in the case.

The violent episode unfolded on November 13th at approximately 8:30 PM in the Jack Vale community of Bull Bay. Local residents reported hearing explosive gunfire originating from a residential property, prompting immediate emergency response. Law enforcement personnel arriving at the scene discovered two gunshot victims—a male and female—both suffering from critical injuries.

Emergency medical services transported both individuals to a nearby medical facility, where 28-year-old truck operator Rai-Ronaldo Fry was declared deceased upon arrival. The female victim received urgent treatment and was admitted in stable condition, subsequently undergoing recovery procedures.

Following comprehensive investigation, police identified Bailey as a central figure in the shooting incident and officially listed him as a wanted individual. Investigators have disclosed that Bailey’s last confirmed residence was located on Talmania Avenue in the Harbour Heights sector of Kingston 17. Surveillance operations indicate he frequently visits various locations across St. James Parish, alongside regular appearances in Bull Bay and Harbour View districts.

Law enforcement officials are strongly urging Bailey to voluntarily surrender at the Elletson Road Police Station without further delay. The public assistance hotlines include direct connections to the Elletson Road Police Station (876-928-1261/1262), the National Intelligence Bureau (811), Crime Stop (311), and all local police precincts.

A significant legal confrontation has emerged in Jamaica’s Home Circuit Court, centering on attorney access to electronic devices within correctional facilities. The Department of Correctional Services (DCS) issued an official denial Thursday refuting claims that lawyers are being prohibited from bringing cellphones and digital devices into prisons when consulting with incarcerated clients.

The controversy surfaced during preliminary proceedings for the landmark trial of Tesha Miller and 24 co-defendants, who face extensive charges under anti-gang legislation including murder and robbery allegations. Miller is identified as the alleged leader of the Clansman gang faction based in Spanish Town, St. Catherine.

Wednesday’s scheduled trial commencement collapsed as prosecutors requested a substantial 12-14 week adjournment to complete documentation and finalize case preparations. Presiding Judge Dale Palmer rejected this extended delay, instead mandating that DCS representatives, including Commissioner of Corrections Brigadier Radgh Mason, appear in court Friday to address the device access policy.

Defense attorneys presented compelling arguments against the device restrictions. John Clarke, representing Miller, revealed he had raised concerns since April 2024 regarding electronic disclosure accessibility. Clarke described inconsistent implementation across facilities, noting that while medical professionals receive device access privileges, attorneys remain restricted despite judicial correspondence advocating for their access.

Co-counsel Tameka Harris expressed profound frustration, disclosing that the matter had been discussed in multiple stakeholder meetings with Commissioner Mason, who had previously committed to resolving the issue through formal institutional orders. Harris emphasized the practical impossibility of adequately presenting digital evidence—including videos and audio recordings—without electronic devices, potentially compromising defendants’ rights to comprehend evidence against them.

The DCS response affirmed its commitment to inmates’ constitutional rights to legal representation, referencing February 2025 discussions with the Jamaica Bar Association and subsequent March 2025 correspondence from Commissioner Mason. The department stated it facilitates legal consultations through virtual platforms and permits electronic devices when “safe, reasonable, justified and practicable,” while encouraging formal reporting of any rights violations.

Judge Palmer, adamant about progressing the long-pending case, declared a June adjournment unacceptable and scheduled Friday’s hearing to determine a reasonable preparation timeline, acknowledging the substantial judicial resources already invested in this complex gang prosecution.