BAR FIGHT - Defence lawyers says ‘unrelenting’ push for gun law reform about fairness, justice

The Advocates’ Association of Jamaica (AAJ) and Jamaican Bar Association are dismissing what they described as “narratives being peddled” to distort their campaign for amendments to the Firearms (Prohibition, Restriction and Regulation) Act.

Chief among them, they say, is the notion that the groups want to do away with the statutory mandatory minimum sentences of 15 years under the act, which took effect in 2022.

“Nothing could be further from the truth,” King’s Counsel Peter Champagnie declared at a press conference yesterday as defence lawyers withdrew their services in criminal courts islandwide to push the Government to take their concerns seriously.

The withdrawal of service is expected to continue today, but will be limited to the island’s Gun Courts, with AAJ President Tamika Harris indicating that the lawyers will be “unrelenting” in their advocacy.

“We are not politicians. We are not looking for votes. What we are looking for is a better Jamaica; a Jamaica where we can be proud. Our justice system has to be judged in relation to the international society, and what we are doing right now is breaching people’s rights,’ she said.

Stating that the groups recognise the “supremacy of Parliament”, Champagnie stressed that defence lawyers are not seeking to remove the mandatory minimum sentence, but are advocating for judges to be able to exercise discretion in exceptional cases.

“All we are asking for is for fairness and equity as it relates to the most vulnerable among us,” he said.

Currently, he said, a judge who is of the view that a particular case warrants a prison term of less than 15 years cannot impose one. Instead, a certificate has to be issued – as outlined in Section 42K of the Criminal Justice Administration Act – and then the “long road” begins to the Court of Appeal for a review and determination of sentence.

“What happens in the interim? The person is in custody or the person may be fortunate enough to be on bail, and that matter is not heard within a matter of weeks. It is heard months and months later,” Champagnie said.

He pointed to an instance where a licensed firearm holder in his early 60s brought a slide from the United States to fix a defective part of his licensed firearm. The man, he said, was also given a spring by the gunsmith to attach to it.

But he was subsequently charged for trafficking component parts under Section 33 of the act, and is currently serving a mandatory 15 years prison sentence at hard labour.

In other cases, Champagnie said individuals are convicted for having imitation firearms in their possession, even if they were not used to commit any crimes.

He said the law also discourages individuals from pleading guilty to charges as they are no longer incentivised to do so.

The lawyers also argue that the act is ambiguous in its treatment of children, as there is no clear delineation between them and adults in relation to sentencing.

“Never before in Jamaica’s legal history has there been a position where a particular legislation has had a convergence of views. That is to say the Office of the DPP (Director of Public Prosecutions) – the chief prosecutors – are saying there is a problem with the act in some respects. The judges – the chief justice no less – have pointed out some issues with the legislation, and the defence Bar is now saying that,” he said.

“The act was designed and should be intended for criminals – persons who have access to illegal firearms, who go rob and plunder and rape, [give them] 15 years or even more. But in this situation, as it presently is, it cannot be fair, it cannot be just, it cannot be right,” he added.

King’s Counsel Pierre Rogers contended that the act creates an environment where the good suffers for the bad. One, he said, is “repugnant to justice”.

“What justice requires is that each person’s case be determined on its own merits and on its own facts. The notion of a straight jacket, which is imposed not merely on the accused persons – because they are all lumped together – is inconsistent with notions of justice,” he said.

The Firearms (Prohibition, Restriction and Regulation) Act, 2022 regulates and control the circulation and use of firearms and ammunition in Jamaica to maintain public safety and security.

Prime Minister Dr Andrew Holness has credited it as one of the measures responsible for Jamaica’s crime rate reduction.

Murders are down 23 per cent so far this year, following a 43 per cent decline last year, while violent crime has also recorded double-digit reductions.

Justice Minister Delroy Chuck has also declared that the act is “clearly working”, and that we cannot at this time change it.

However, Champagnie pointed out that gun cases before the court were trending down before the implementation of the act. In 2019, he said, there were 508 gun cases before the courts, which fell to 403 in 2021. In 2024, two years after the act was implemented, there were 363 cases. However, he said that number then increased to 389 cases in 2025.

“So, when persons put forward the narrative that the ‘reduction’ is as a result of the legislation, that really is not being truthful or candid in terms of a complete picture, and we need to examine that,” he said.

Champagnie further outlined that the legislation has a review period of five years, a clause he described as “particularly telling”.

“It’s not something that is common in legislation generally, so what it means is that there may have been a recognition that perhaps initially, there was a need to be very extreme,” he said.

Instead of ignoring the issues being raised by the lawyers, he said the Government should engage in meaningful discussions so that the review period is not further delayed.

“It’s not about defending criminals; it’s about trying to ensure that persons who are not fit for prison, don’t end up there,” he said.

sashana.small@gleanerjm.com