Defence lawyers’ withdrawal disrupts some criminal court proceedings

The withdrawal of defence lawyers from criminal courts on Monday disrupted proceedings in some cases, although other trials continued with attorneys present.

In the Supreme Court, the trial involving the Clansman defendants proceeded without lawyers for a time, with a statement read into evidence. However, the matter could not continue for the entire day because of the attorneys’ absence.

Meanwhile, the murder trial of Andre Ruddock, the accused in the Pathways International Kingdom Restoration Ministries ritual killing, proceeded with lawyers present. Ruddock is on trial for the October 2021 murder of 39-year-old Taneka Gardner, whose throat was slashed during an alleged ritual at the St James church.

The trial involving six police officers charged in the January 2013 fatal shooting of three men on Acadia Drive in St Andrew was also underway on Monday.

The developments came on the first day of a planned two-day withdrawal of legal services by criminal-law attorneys across Jamaica.

READ: https://jamaica-gleaner.com/article/news/20260929/defence-lawyers-begin-court-withdrawal-over-firearms-act

Senior defence attorney Donald Bryan, who was not participating in the protest, said lawyers would have had to consider their clients’ interests before withdrawing from ongoing matters.

“We would have needed to further consult with our clients in terms of continuing or taking further actions that would impact them as far as it relates to court attendance,” Bryan noted, adding, “I would have to have informed my clients that the services will not be what they expect or what they paid for, and whether or not they would be in agreement."

Bryan shared the lawyers’ concerns, arguing that the firearms legislation was too rigid in its application.

“I think there is merit in the lawyers’ actions. I think the Act currently is absolutely out of proportion, in terms of how it is structured. This one-size-fits-all implementation is unfair,” he said.

“Each case has to be assessed by the tribunal on its own merit. They have to look at the individual before you and not just the offence. You have to look at the circumstances of each case.”

Under the schedule announced by the Jamaican Bar Association (JAMBAR) and Advocates’ Association of Jamaica (AAJ), attorneys are withdrawing from all criminal courts islandwide on Monday, including the Parish Courts, Circuit Courts and Gun Courts.

The action is scheduled to narrow to the Gun Courts on Tuesday.

The legal associations say the withdrawal is intended to pressure the Government to address what they describe as significant shortcomings in the Firearms (Prohibition, Restriction and Regulation) Act, 2022, particularly concerns about judicial discretion, guilty-plea incentives and the interaction between the firearms legislation and existing sentencing provisions.

- Corey Robinson

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