Holness defends Firearms Act as lawyers begin court withdrawal

Prime Minister Dr Andrew Holness says the Firearms Act is among a combination of measures that has contributed to a significant reduction in murders and other violent crimes in Jamaica.

Holness made the statement on Sunday while addressing the governing Jamaica Labour Party’s Central Executive, as defence lawyers began withdrawing their services from criminal courts on Monday morning in protest against mandatory minimum sentences under the legislation.

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.

Holness said the gains could not be dismissed as a coincidence, arguing that “this is not a coincidence but due to a combination of measures which have been effective.”

He questioned arguments that the actions of the police and the firearms legislation had not contributed to the reduction in murders, recalling the high levels of fear experienced by Jamaicans in 2016 and 2017.

The prime minister said the Government’s approach has gone beyond legislation, pointing to a public education campaign, a firearms amnesty, stronger customs controls, improved intelligence gathering and increased cooperation with international partners.

“It wasn’t just the legislative line of attack on this problem,” Holness said, noting that the Government had also developed partnerships with the United States to help detect and intercept illegal firearms entering the country.

He maintained that the Government is prepared to listen to proposals for improving the Firearms (Prohibition, Restriction and Regulation) Act, 2022, but insisted that its deterrent effect must be preserved.

“Having a gun illegally in Jamaica is not something that you are going to get away with,” Holness said.

His comments come as the Jamaican Bar Association (JAMBAR) and the Advocates’ Association of Jamaica (AAJ) proceed with a phased withdrawal of legal services.

The lawyers voted overwhelmingly on Sunday to take action, with 88 per cent of participating members supporting a withdrawal. The associations said 83 per cent supported extending the action across all criminal courts.

Lawyers are withdrawing from all criminal courts islandwide on Monday, including Parish Courts, Circuit Courts and Gun Courts. The action will be limited to the Gun Courts on Tuesday.

The legal fraternity is demanding changes to provisions that impose mandatory minimum sentences of 15 years for certain firearm offences.

JAMBAR President Tenneshia Watkins has argued that the mandatory minimum is the profession’s biggest concern, saying it has “taken away the discretion of the judge totally” and contributed to cases not moving through the courts as they should.

The lawyers also contend that the sentencing regime can reduce the incentive for accused people to plead guilty early, potentially contributing to the backlog in the Gun Court.

The Fi We Children Foundation has also joined the call for amendments, particularly in cases involving children. The foundation says judges should be able to consider a child’s age, vulnerability, role and circumstances, including situations where a child may have been directed by an adult to hide or store a firearm.

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Holness said the Government does not believe the review should become adversarial.

“I think everyone should appreciate and seek to preserve the gains that we have made and find the best way possible to have the law improve so that we have further gains,” he said.

He noted that the legislation contains a five-year review period which is approaching, providing an opportunity for Parliament and the Executive to consider possible changes.

“Whenever any of these issues are raised, we pay attention to them. We go back, we reflect,” Holness said, adding that the matter had been discussed at the National Security Council and with Justice Minister Delroy Chuck.

The lawyers’ action follows a meeting with Chuck last Thursday, which the associations said ended without a definitive timeline for amendments. Chuck has described the meeting as cordial and said joint proposals for legislative changes were expected.

Holness said the Government remains open to legitimate proposals while making clear that it will defend its position on the legislation.

“I have no problems with legitimate protests,” he said. “But the position of this administration is that we are not going to sit by defenseless. We are going to put our position to the public as well.”

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