VZCZCXYZ0004
PP RUEHWEB

DE RUEHKG #0689/01 2581350
ZNR UUUUU ZZH
P 151350Z SEP 09
FM AMEMBASSY KINGSTON
TO RUEHC/SECSTATE WASHDC PRIORITY 8065
INFO RUEHOT/AMEMBASSY OTTAWA 2432

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 
------- 
 
¶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 
---------------------------- 
 
¶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lack of office space, inadequate judicial training, outdated 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 
--------------------------------------------- ----------------- 
-- 
 
¶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 
------- 
 
¶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