{"id":136154,"date":"2021-08-29T21:45:59","date_gmt":"2021-08-30T01:45:59","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=136154"},"modified":"2021-08-30T08:27:33","modified_gmt":"2021-08-30T12:27:33","slug":"judges-adjudicating-like-magistrates","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/judges-adjudicating-like-magistrates\/","title":{"rendered":"COMMENTARY: Judges Adjudicating Like Magistrates"},"content":{"rendered":"
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by Rawlston Pompey<\/strong><\/p>

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Every \u2018Antiguan and Barbudan\u2019<\/strong> student at the \u2018Norman Manley Law School\u2019 <\/strong>[Mona Campus: UWI: Jamaica], knows that Juries neither wield nor exercise \u2018\u2026Power; \u2026Authority; nor have jurisdiction of over the Courts or Judicial officers.\u2019 Instead, such resides in the Court and exercisable only by \u2018Judges.\u2019<\/strong> The simplest supportive points are; (i)<\/strong> \u2018\u2026Jurors are selected by a process; (ii)<\/strong> \u2026Registered through a process; (iii)<\/strong> \u2026Summoned for Jury service by the Court; (iv)<\/strong> \u2026Bound to submit to its Jurisdiction; and (v)<\/strong> \u2026Subject to judicial punishment, whether for; (a)<\/strong> \u2018\u2026Non-appearance; (b)<\/strong> \u2026Inexcusable absence; (c)<\/strong> \u2026Willful or negligent Absconsion; or (d)<\/strong> \u2026Contempt of Court\u2019 [Juries Act: No.6 of 2009].<\/p>\n

RULE OF LAW<\/strong><\/p>

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Society dictates that peace shall be reign, good order shall prevail, while law shall be maintained. of law. It has determined that a \u2018Breach of the Peace\u2019 constitutes a punishable infraction against the \u2018Rule of Law.\u2019 <\/strong>However, it is perceived, when society speaks to the \u2018Rule of Law,\u2019<\/strong> it is that which has been described as; \u2018\u2026A rule of conduct made by a superior (Parliament) by which an inferior (citizen) is bound to obey\u2019 [British Jurist: Sir William Blackstone: 1723-1780].<\/strong> As obtained in most societies, disorder and lawlessness continue to be perpetrated with regularity and almost impunity. These have led hapless, defenceless and law-abiding people to harbor feelings of trepidation, uncertainty and fear.<\/p>

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SUPREME LAW<\/strong><\/p>\n

Framers of the nation\u2019s \u2018Constitution Order\u2019<\/strong> prudently inserted this \u2018Founding Principle.\u2019<\/strong> Instructively, it speaks to the law as the \u2018Public Conscience.\u2019 It speaks to the people\u2019s recognition of the law as symbolizing; (a) \u2018\u2026The public conscience; (b) \u2026That every citizen owes to it an undivided allegiance; (c) \u2026That it shall not be limited by private views of justice or Expediency; <\/strong>and (d) \u2026The State is subject to the law\u2019 [CO: 1981: Principle (d)]. Given the people\u2019 acknowledgement of the \u2018Constitution Order\u2019 as the \u2018Supreme Law,\u2019<\/strong> then no law shall be enacted to \u2018Trivialize\u2019<\/strong> the services of, or \u2018Relinquish\u2019<\/strong> the civic duty of \u2018Juries\u2019 to the Judiciary and to members of the society [CO: 1981: Section 2].<\/strong><\/p>

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PERSPECTIVE<\/strong><\/p>\n

While change is inevitable, within the \u2018Criminal Justice System,\u2019<\/strong> administrative, operational or logistical problems shall find no cure or solutions by Acts of Parliament. This commentary scrutinizes the \u2018Criminal Proceedings (Judge Alone Trial) Act (CPJATA)\u2019 [No. 8 of 2021].<\/strong> It is intended to bring some awareness and understanding of that which is embodied in the Sections referred herein; \u20184, 5, 6, 7, 8, 9, 12 & 13<\/strong>.\u2019 Specific in such scrutiny, is the \u2018Adjudicating Role\u2019 of Judges sit on the \u2018Bench,\u2019 <\/strong>not just as adjudicators, but also in the dual-capacity of \u2018Judge and Jury.\u2019 <\/strong>Additionally, it specifically looks at the \u2018Pre-Sentencing Remand Order\u2019<\/strong> against convicts \u2018Physiotherapist Patrick Matthews\u2019<\/strong> and \u2018Theatre Technician Arnold Joseph.\u2019<\/strong> Incidentally, both have been ordered a two-month sojournment at Her Majesty\u2019s Prison (HMP) [July 27. 2021 \u2013 September 28, 2021]. Neither the convicts, nor their \u2018Attorneys Dr. David Dorset and Michael Archibald,\u2019 <\/strong>knows what further peril dangles or may descend upon their distraught and anxious clients.<\/p>

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JURY TRIAL – DENIAL OF JUSTICE<\/strong><\/p>

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None may deny that the \u2018Coronavirus-19 Pandemic,\u2019 <\/strong>has been most deadly to humans and disruptive to their institutions. As it affects the \u2018Judiciary<\/strong> and Criminal Justice System,\u2019<\/strong> it has been most telling. It has compounded certain seemingly incurable institutionalized maladies. These include, but not limited to; (a) <\/strong>\u2018\u2026Backlog of criminal Cases; and (b) <\/strong>\u2026Inordinate trial delays.\u2019 In some instances, these were said to have resulted from lengthy Court adjournments. These situations were not only said to have done serious injuries to public confidence in the integrity of \u2018Judicial and Criminal Justice Systems.\u2019 <\/strong>\u00a0In addition, these were said to have affected the minds of both victims of crimes and the alleged perpetrators. A great many accused persons have been languishing in jail. The great majority were either awaiting \u2018Jury Trial\u2019<\/strong> or not well-positioned to meet bail conditions. These have not only been seen as endemic, but also speak to the \u2018Denial of Justice.\u2019<\/strong><\/p>\n

JURISDICTIONAL SUPREMACY<\/strong><\/p>\n

Throughout the \u2018Organization of Eastern Caribbean States (OECS), it has been a well-established fact that \u2018Jurisdictional Supremacy\u2019<\/strong> lies in the office of the Chief Justice. In these constitutional democracies, those under jurisdictional subjection of the \u2018Eastern Caribbean Supreme Court (ECSC), the \u2018Mode of Trial\u2019 is dependent upon the nature and gravity of the criminal act. <\/strong>Such might be; (a) \u2018\u2026Summary (Magistrate); or (b) \u2026Criminal Assize (Judge and Jury.\u2019<\/strong> It has also been long recognized that in criminal trials of offences of a serious nature, the \u2018Functional Role\u2019<\/strong> of Judges, is \u2018Presiding or adjudicating and judge the law.\u2019<\/p>\n

RIPPLES AND CHUCKLES<\/strong><\/p>\n

The \u2018Bill\u2019s\u2019 speedy passage through both \u2018Houses of Parliament,\u2019<\/strong> may have been comparable to the \u2018Speedy VITZ.\u2019 <\/strong>This small car has recently created parliamentary \u2018Stirs, Ripples and Chuckles.\u2019<\/strong> Though not necessarily for its extraordinary speed, the \u2018VITZ\u2019<\/strong> has earned its notoriety for other reasons. Even as \u2018House Speaker Sir Gerald A. Watt KCN, QC\u2019<\/strong> readied Members for its vote, some Legislators remained adamant that certain \u2018Clauses\u2019 needed to be revisited. Before he could say, \u2018Those in favor say Aye; \u2026Those against say Nay,\u2019 <\/strong>with \u2018VITZY\u2019 speed, \u2018House Member Sir Molwyn Joseph KCN,\u2019 <\/strong>responded; \u2018Aye \u2018n\u2019 Aye\u2019<\/strong> [May 6, 2021]. <\/strong>Then likened to Jamaica\u2019s \u2018Sprint Queen Elaine Thompson-Herah\u2019s\u2019 <\/strong>displaying her prowess and athleticism [Japan: August 3, 2021], the \u2018JAT<\/strong> Bill\u2019<\/strong> sprinted its way to the \u2018Senate\u2019 [May 19, 2021]. <\/strong>There were no impediments to its eventual \u2018Assent\u2019 [May 28, 2021]. <\/strong><\/p>\n

SUNSHINE CLAUSE<\/strong><\/p>\n

Research revealed that \u2018Stakeholders Meetings\u2019 we<\/strong>re convened. These were with the view to garner widespread legislative support of the introductory \u2018Mode of Trial.\u2019<\/strong> It was also revealed that the executive body of the \u2018Antigua and Barbuda Bar Association,\u2019 <\/strong>even with some concerns had raised no strenuous objections to the initiative. However, individual members were said to have privately expressed concerns over \u2018Juryless Trials.\u2019<\/strong> Many had strong preference to accused persons being tried by \u2018Juries of their Peers.\u2019<\/strong> The body was reported to have impressed upon the minds of Legislators that a \u2018Sunshine Clause\u2019 <\/strong>of two years\u2019 shall be inserted in the \u2018Jude Alone Trial Bill.\u2019<\/strong> [Section 1 (2)].<\/p>\n

CHRONOLOGY OF EVENTS<\/strong><\/p>\n

An interesting \u2018Chronology of Events\u2019<\/strong> shows that \u2018Ten days\u2019 after <\/strong>its \u2018Assent,\u2019<\/strong> it became operational [June 7, 2021: <\/strong>MNI Publisher]. Then \u2018One Day\u2019 <\/strong>after, \u2018High Court Justices\u2019<\/strong> and Defence attorneys were struggling to navigate their way through the procedures to be followed [July 8, 2021].<\/strong> Then with speed faster than that said to have attributed to the fatal crash on the \u2018All Saints Highway\u2019<\/strong> [August 2, 2021],<\/strong> persons with business at the \u2018High Court of Justice<\/strong>,\u2019 made their presence seen and felt [July 8, 2021]. <\/strong><\/p>\n

TIL LING TIL LING<\/strong><\/p>\n

Before \u2018Talk-Radio Host Franz De Freitas\u2019<\/strong> could say; \u2018\u2026Til Ling; \u2026Til Ling; or \u2026Tilly Ling Tilly Ling; \u2026School bell ring,\u2019<\/strong> the Court\u2019s Provost Marshall was ringing the \u2018Judge Alone Bell.\u2019<\/strong> Several accused persons appeared before \u2018Her Ladyship, Justice Anne-Marie Smith.\u2019<\/strong> Whether or not they were so informed of \u2018Judge Alone Trial\u2019 [Section 5 (2)],<\/strong> the Judge had been statutorily mandated to conduct trials without Juries [Section 7].<\/strong> In the formal judicial way, those indicted on serious criminal offences were all interfacing, with the adjudicators. Many appearing before the Court were all concerned about serious risk of injustice.<\/p>\n

BOMBARDIER JET- SPEED<\/strong><\/p>\n

Before accused persons may have asked the \u2018Prison Chaplin\u2019<\/strong> \u2018Where in the Scriptures could it be found that \u2018Jesus Wept?\u2019 <\/strong>the \u2018Juryless Trials\u2019<\/strong> commenced [July 8, 2021].<\/strong> This may also have been compared to the supersonic speed a \u2018Bombardier Jet\u2019<\/strong> was reportedly dispatched to <\/strong>the \u2018Commonwealth of Dominica\u2019 <\/strong>[India Today: June 3, 2021]. \u00a0Indian news portals widely reported that the \u2018Indian Government\u2019 <\/strong>dispatched the jet plane to facilitate the return, legal or illegal, of the alleged brutal abduction of fugitive \u2018Mehul Choksi\u2019 <\/strong>from his \u2018CIP Residence\u2019 <\/strong>[Antigua and Barbuda: July, 2021<\/strong>].<\/p>\n

RULE OF LAW<\/strong><\/p>\n

None may deny that this is an era of constant and rapid change. Featured in such change has been the unpredictable nature of man. The inherent attributes are often exhibited and so have been the many developed traits. Among these has been the propensity for lawless behavior. Such for the most part was often found to be outrageous and reprehensible. Constitutionally, the \u2018Law\u2019<\/strong> is said to be the \u2018Public Conscience\u2019<\/strong> [CO: 1981]. The Chief Justice of the \u2018ECSC\u2019<\/strong> expects that those that administrate justice shall always endeavor to project \u2018Court\u2019 as the \u2018Bastion of Hope\u2019<\/strong> [CJ: ECSC: Dame Janice Pereira: DBE].<\/p>\n

VANGUARDS OF LIBERTY<\/strong><\/p>\n

Every once in a while, Legislators come up with the concept called \u2018Legal Fiction.\u2019 <\/strong>Though not with increasing frequency, such concept was to be conveniently used, if only the \u2018Ends justify the Means.\u2019 Judges,\u2019 whether or not functioning with or without \u2018Juries,\u2019 shall not see themselves as \u2018Dispensers of Injustice,\u2019 <\/strong>but also at all material times, see themselves as \u2018Vanguards of Liberty.\u2019<\/strong> This may only be seen by rationalized decisions, and particularly verdicts returned in criminal trials. Therefore, those administrating and dispensing justice shall never be seen as mere functionaries to \u2018Legislative Expediency.\u2019 <\/strong>The citizenry therefore, shall know that the \u2018Judiciary\u2019<\/strong> is independent of the \u2018Legislature\u2019<\/strong> and the \u2018Executive.\u2019<\/strong><\/p>\n

FORWARD AND BACKWARD<\/strong><\/p>\n

In some criminal trials that which appears to have been overlooked or ignored, have been that which: (a)\u2019\u2026Serves Public interest; <\/strong>and (b) \u2026Enhance the administration of justice.\u2019 <\/strong>Some person\/s reading this paragraph, might be inclined to flash a smile. It will have been seen that when society seemed to be \u2018Going Forward,\u2019<\/strong> there are intervening circumstances that have caused it to \u2018Go Backward.\u2019 <\/strong>Even so, it is to be reminded that the days of the \u2018Monkey Mentality Syndrome- (seeing and doing what others have done), <\/strong>have long passed. Intended only to empower the Bench,\u2019<\/strong> it required an Act of Parliament to provide Judges with the legal instrument to conduct \u2018Trials Without Juries.\u2019<\/strong><\/p>\n

SPOUSAL DEFINITION<\/strong><\/p>\n

In recent parliamentary history, legal drafters conceptualized for Parliamentarians an outrageous \u2018Spousal Definition.\u2019<\/strong> This had startled as many parliamentarians, as were the citizens. The legal interpretation then informed citizens that; \u2018\u2026Two people of the same sex living together\u2019 is a spouse <\/strong>to each other.\u2019 Such interpretation was in fact not associated with immorality, but rather to trace, identify and seize property reasonably suspected to have been derived from acts of criminality [Proceeds of Crime (Amendment) Act: [2014]. Startled, if not legislatively embarrassed, former Prime Minister Winston Baldwin Spencer asked, \u2018\u2026What the hell is this? \u2026Who slipped this in here?\u2019 <\/strong><\/p>\n

EMPOWERING THE BENCH<\/strong><\/p>\n

As Legislators sought to trivialize the vexatious spousal interpretation, they poked fun at each other. Even as they made fun of the situation, members of the wider society were not so amused. The brilliance of a legal mind, Attorney General and Minister of Legal Affairs \u2018Justin L. Simon QC,<\/strong>\u2019 defines it as a \u2018Legal Fiction.\u2019<\/strong> The notorious Clause, popularized by outraged members of the wider society as \u201818 (6),\u2019<\/strong> was quickly removed from the \u2018Bill\u2019 [2004-2014].<\/strong> Resulting from unforeseen circumstances, another legal mind, Attorney General and Minister of Legal Affairs \u2018Steadroy \u2018Cutie\u2019 Benjamin,\u2019<\/strong> tabled the \u2018Judge Alone Trial Bill\u2019 <\/strong>before the Legislature [May 6, 2021].<\/p>\n

FICTION-BASED BELIEFS<\/strong><\/p>\n

Most law-abiding citizens have become livid over the way the \u2018Judicial and Criminal Justice Systems\u2019<\/strong> continue to function. Consequent upon which a \u2018Bill\u2019<\/strong> that provides for \u2018Juryless Trial,\u2019 had been given parliamentary approval. It has not sparked controversy, but also defies logic that in the administration of justice at the \u2018Criminal Assize,\u2019 shall be placed in the \u2018Bench.\u2019<\/strong> That which were to be understood are; (i) \u2018\u2026Judge; (ii) \u2026Jury; and (iii) \u2026Punisher.\u2019 <\/strong>That which remains irrefutable is that which fictionally states; \u2018\u2026Where a trial is conducted without a Jury, the Judge shall have all the power of a Jury\u2019 [CPJATA: No. 8 of 2021: Section 7]. <\/strong>Even as Legislators so believed, they shall know that \u2018Judges\u2019 are not; (a)<\/strong> \u2018\u2026Qualified for empanelment on a Jury; (b)<\/strong> \u2026Do not function as Juries; or<\/strong> (c)<\/strong> \u2026Do not think like Jurors.\u2019 The \u2018Bench\u2019<\/strong> also knows that the judicially-recognized legalistic terms \u2018Unanimous\u2019 or \u2018Majority Verdicts\u2019<\/strong> is associated only with \u2018an empaneled 12-member Jury.\u2019<\/strong><\/p>\n

JUDGES OF LAW AND FACTS<\/strong><\/p>\n

The passage of the \u2018Bill\u2019<\/strong> undoubtedly, suggested that the overwhelming majority of \u2018Members of the House of Representatives,\u2019 <\/strong>believed that the administration of justice could be expedited by \u2018Judges Acting as Jury.\u2019<\/strong>\u00a0 Likened to former Education Minister \u2018Michael Browne,\u2019<\/strong> they too had expressed skepticism over certain purposefully inserted \u2018Clauses\u2019 <\/strong>into the \u2018Juryless Trial Bill.\u2019<\/strong> Facing adversities himself, he may have been given reasons to feel uneasy about criminal trials being conducted without Juries considered to be of \u2018Peers of Accused persons.\u2019<\/strong> Such uneasiness seemed not to have been without reason or merit. The statutory provisions make it sufficiently clear that \u2018Judges\u2019<\/strong> adjudicating criminal trials, shall be the sole \u2018Judges of Law and Facts.\u2019 <\/strong><\/p>\n

BENCH: JUDGE AND JURY<\/strong><\/p>\n

The introductory \u2018Mode of Trial,\u2019<\/strong> was attributed to the disruptive effects on the \u2018Judiciary\u2019 by the dangerous infectious disease \u2018Coronavirus-19 Pandemic.\u2019<\/strong> It had forced peculiar changes to both the \u2018Judicial and Criminal Justice Systems.\u2019<\/strong> Such was said to keep the \u2018Wheels of Justice\u2019 turning while at the same time bringing respite to those victimized by criminals and left aggrieved. The statutory enactment saw a lone adjudicator sitting on the \u2018Bench\u2019 <\/strong>as \u2018Judge and Jury.\u2019 <\/strong>Research has shown that before \u2018\u20261925 Trial by Jury has been<\/strong> proved to be satisfactory\u2019 <\/strong>[1971: Pol. Promotion Hand-Books: Juries: Page 147]. In the \u2018Criminal Proceedings (Judge Alone Trial) Act,\u2019 to all intents and purposes, legal Drafters inserted a \u2018Clause\u2019 <\/strong>that states; \u2018A Judge shall have all the power, authority and jurisdiction of a Jury\u2019 [<\/strong>CPJA: Section 7<\/strong>]. [May 6, 2021].<\/strong><\/p>\n

FUNCTIONARIES OF LEGISLATION<\/strong><\/p>\n

Adjudicators know that neither \u2018Power, Authority nor Jurisdiction\u2019<\/strong> resides with \u2018Juries.\u2019<\/strong> As members of the \u2018Bench\u2019<\/strong> \u2018Judges\u2019 know that their functions are totally different from those of \u2018Magistrates.\u2019<\/strong> Consequent upon such knowledge, no Judge shall harbor \u2018Illusions\u2019 <\/strong>that he\/she is a \u2018Juror.\u2019 Thus, situationally or otherwise, \u2018Judges\u2019 shall never be seen as \u2018Functionaries of Legislation.\u2019<\/strong> That which remains undisputed is that \u2018Judges\u2019 <\/strong>could never be considered peers of those appearing before the \u2018Bench\u2019<\/strong> on criminal indictments. Though awkwardly positioned, \u2018Their Lordship and Ladyship, Justices Colin Williams and Ann-Marie Smith,\u2019 <\/strong>feign no ignorance of this \u2018Truth.\u2019<\/strong><\/p>\n

PURPOSE AND INTENT<\/strong><\/p>\n

The thirteen (13) Section \u2018CP-JATA\u2019<\/strong> makes clear its \u2018Purpose and Intent.\u2019<\/strong> Its contents, speaks to \u2018Pre-Trial Procedures.\u2019 <\/strong>It provides for inter alia; \u2018Case Management\u2019 [Section 12]. <\/strong>Persons committed and\/or indicted (represented\/unrepresented) may apply to the Court for; (i)<\/strong> \u2018\u2026Judge Alone Trial; and (ii)<\/strong> \u2026Shall file \u2018Consent\u2019 <\/strong>with the Registrar of the High Court.\u2019 The relevant for \u2018Applications\u2019<\/strong> are said to be available and readily accessible [Section 5 (8)]. <\/strong>Thereafter, indicted were to be notified of \u2018Fixture\u2019<\/strong> when they shall attend Court. \u2018Juryless Trials\u2019 <\/strong>the \u2018Gavels\u2019 <\/strong>for \u2018His Lordship, Justice Colin Williams <\/strong>and Her Ladyship, Justice Ann-Marie Smith,\u2019 <\/strong>came down [July 8, 2021]. <\/strong><\/p>\n

THIEF AT MIDNIGHT<\/strong><\/p>\n

Likened to a \u2018Thief at Midnight,\u2019<\/strong> the \u2018Act\u2019 stealthily became operational. Likened to a laser-guided missile, it came upon the \u2018Judiciary\u2019<\/strong> like a thief- at-midnight.\u2019 Instructively, the Cases reportedly docketed for \u2018One-Judge Trial,<\/strong>\u2019 were those committed under \u2018Three Statutes.\u2019 <\/strong>These were identified as (i) \u2018\u2026The Larceny Act: (ii) \u2026Prevention of Corruption Act; and (iii) \u2026The Medical Practitioners Act.\u2019<\/strong> There have been several prominent persons who have been indicted under these Statutes. Then there is the questionable inclusion of a non-enforced Statute, \u2018\u2026The Biological Weapons Act<\/strong>\u2019 [Section 4]. Instructively, there have been no criminal cases pending committal proceedings, indictment or trial against any person for an offence under this Statute.<\/p>\n

LEGISLATIVE SPIRIT<\/strong><\/p>\n

Consequent upon the short-notice and Judges performing the roles of; (i)<\/strong> \u2018\u2026Adjudicators; (ii) \u2026Jurors; and (iii) \u2026Punishers,\u2019<\/strong> hair-raising concerns were echoed. The accused persons for \u2018Juryless Trials,\u2019<\/strong> buckled, while attorneys scrambled, fumbled and wobbled. The observant practitioner appearing in the \u2018JAT\u2019 <\/strong>may have made certain observations. The unobservant attorney may not have observed that \u2018Section 6\u2019<\/strong> appears not to be in harmony with the \u2018Legislative Spirit\u2019<\/strong> of the Act.\u2019 While it speaks to, and provides for \u2018Consent,\u2019<\/strong> it states; \u2018\u2026Subject to Section 6, every person against whom an indictment has been filed for an offence not mentioned in Sub-section (2), (4) of this Act shall be \u2018tried by a Judge and Jury unless the accused person; (a) \u2026Consents to trial by a Judge alone; and (b) \u2026Makes an Order for such trial\u2019 [<\/strong>Section 5].<\/p>\n

JUDGE TO INFORM \u2013 SECTION 5<\/strong><\/p>\n

As accused persons sat bewildered, timid and uncertain, with little time for their attorneys to familiarize themselves with the Act, <\/strong>they were themselves said to have been as anxious and fidgety as has been the Judges. The keenly observant Judges, however, would have been mindful of the provision requiring them to \u2018Inform accused persons\u2019<\/strong> appearing before \u2018Juryless Courts\u2019<\/strong> of the right to opt for one of two \u2018Modes of Trial.\u2019<\/strong> The Act states; \u2018\u2026Before a trial commences. the Judge shall; \u2018\u2026Inform accused persons <\/strong>that they may elect one of two Modes of Trial; (i) \u2018\u2026Judge and Jury; or (ii) \u2026A Judge sitting alone without a Jury.\u2019 <\/strong>Such not only speaks to the dictates of law, but commands \u2018Judges\u2019<\/strong> perform their judicial functions within the \u2018Realm of Law\u2019 [Section 5 (2)].<\/strong><\/p>\n

EXPEDIENTLY EXPLOITED<\/strong><\/p>\n

It is instructive to note that it has been the privately expressed view of some legal luminaries that \u2018Judges\u2019 shall not be \u2018Expediently Exploited.\u2019 <\/strong>Many have subscribed to the view that \u2018Judges\u2019 would be more useful in their original role of adjudicators, if they are harnessed to stay in their \u2018Jurisprudential Lane.\u2019 <\/strong>Consequent upon their multifaceted roles, this has prompted several very pertinent questions; (i)<\/strong> \u2018\u2026Should Judges Perform the function of a 12-member Jury; (ii) <\/strong>\u2026Would it affect their impartiality and judgment in rejecting\/sustaining \u2018No Case\u2019<\/strong> and\/or other legal submissions; (iii) \u2026Be the sole Judges of Law and Facts;<\/strong> \u2026 (iv) <\/strong>\u2026Should they be tasked with adjudication; (v)<\/strong> \u2026Should they give directions to themselves on the Law and after summation of the evidence; (vi)<\/strong> \u2026Returned verdicts of guilty; then (vii) \u2026After 14 days return with reasons for their decisions? [CPJATA: No. 8 of 2021: Section 8].<\/strong><\/p>\n

ALTER OF EXPEDIENCY<\/strong><\/p>\n

These were among the concerns some parliamentarians had before passage of the \u2018Juryless Trial Bill.\u2019 While many accused persons languished on remand in jail or on bail, in indecent haste, the \u2018former Education Minister, has been charged with a certain criminal offence [November, 2020].<\/strong> He was adamant that \u2018Justice\u2019<\/strong> shall never be placed upon the \u2018Altar of Expediency.\u2019 <\/strong>His worst fears may have been confirmed, when (a) \u2026<\/strong>He was hastily committed and indicted to stand Jury Trial [April 2021]; <\/strong>and (b) <\/strong>\u2026Hastily arraigned for trial before a \u2018Juryless Court\u2019 [July 2021].<\/strong> He has an option to apply for \u2018Judge Alone Trial.\u2019 <\/strong>A provision contained in the Act, allows for \u2018Case Management\u2019<\/strong> [Section 12].<\/strong> This saw his Case being lengthily adjourned [October 2021]. <\/strong>It may have been for these and other reasons that other \u2018Parliamentarians,\u2019 <\/strong>though in futility, had strenuously resisted legislative approval of the \u2018Bill,<\/strong>\u2019 without alterations to several Clauses.<\/p>\n

JUDICIAL WAVE OF CONVICTIONSS<\/strong><\/p>\n

From the standpoint of some Defence attorneys, the more legal arguments they had advanced for \u2018No Case Submissions,\u2019<\/strong> the more those they represented had been called upon to go on their defence. Logic dictates that in \u2018Juryless Trials,\u2019<\/strong> in making such submissions, it is unlikely to be favored with acquittals. Even so, several accused persons may have been erroneously led to believe, or knowingly opted for such trial. Most have seen a \u2018Judicial Wave of Convictions.\u2019<\/strong> At the end of their trials, many have seen verdicts that have left them befuddled and drowning in their own tears.\u2019 The more \u2018Not Guilty Pleas Accused\u2019 <\/strong>have been called upon to go on their defence, it appeared that the more they have been disproportionately \u2018Found Guilty Verdicts.\u2019<\/strong> These have left many Defence attorneys frustrated, disappointed and dejected.<\/p>\n

EXPERIMENTAL JURYLESS TRIAL<\/strong><\/p>\n

The \u2018Experimental Juryless Trial,\u2019<\/strong> foisted upon the judiciary, saw some learned attorneys who were among the catalysts. Even as they \u2018Clamored\u2019<\/strong> for \u2018Juryless Trial,\u2019 the verdicts made them \u2018Fret and Frowned.\u2019<\/strong>.\u00a0 Those showing zeal and commitment, yet gambled with their intellect, are well-positioned to say if such \u2018Mode of Trial\u2019 was advantageous or disadvantageous or ideally suited to their professional practice. Easily identifiable were the; (i) \u2018\u2026Wendell Robinson\u2019s: (ii) \u2026Laurence Daniels\u2019; (iii) \u2026Leon \u2018Chaku\u2019 Symister\u2019s; (iv) \u2026Michael Archibald\u2019s; (v) \u2026Dr. David Dorsett\u2019s; and \u2026Pete Mc Knight\u2019s.\u2019 <\/strong>Given their experiences, some may have little difficulty in sharing with colleagues their; (a) \u2018\u2026Successes however negligible; and (b) \u2026Failures that may very well speak to miserability.<\/strong>\u2019<\/p>\n

FORTITUDE AND DETERMINATION<\/strong><\/p>\n

In spite of their magnanimous efforts, resoluteness, \u2018Fortitude and Determination\u2019<\/strong> in mounting sustained attack on the Cases for the Prosecution, most \u2018Defence Attorneys\u2019<\/strong> were reportedly resigned to making \u2018Pleas in Mitigation.\u2019<\/strong> They have, undoubtedly, valiantly sought to navigate their way through the \u2018Criminal Proceedings (Judge Alone) Act (CPJATA).<\/strong> All appeared not to have been able to understand the \u2018Judicial Positioning Systems (JPS).\u2019 <\/strong>Many did not exactly fall to pieces, but most did not emerge wholesome either. They have witnessed their clients have all been baptized, and left in the \u2018Sea of Despair.\u2019<\/strong> Several may now have reasons to reflect upon their experiences as to be better-positioned to opt for \u2018Jury or Juryless Trials.\u2019<\/strong><\/p>\n

PERSISTENCY\/PERSEVERANCE<\/strong><\/p>\n

Even so, several had fared better than most. These will have been identified as Defence attorneys; \u2018Laurence Daniels; \u2026Wendell Robinson; <\/strong>and the decorously aggressive and cautiously optimistic \u2026Leon \u2018Chaku\u2019 Symister.\u2019 <\/strong>The former successfully averted a custodial sentence being imposed upon his client. Then favored with \u2018an Order of Restitution,\u2019<\/strong> a convicted female was considered for a \u2018probationary period for 12 months.<\/strong>\u2019 This reportedly came after sojourning for \u2018one-week\u2019<\/strong> at the nation\u2019s lone penal institution awaiting sentence. Success also reportedly came with the acquittal of an accused male, then indicted on several fraud indictments.<\/p>\n

PROBATIONED CONVICT<\/strong><\/p>\n

Then there was the conviction of a female motorist \u2018Annik Lawrence,\u2019<\/strong> Pleading guilty to \u2018Causing Death by Dangerous Driving,\u2019 <\/strong>a passionate \u2018Plea in Mitigation\u2019 <\/strong>favored her with a mere 9-month custodial sentence at the penal institution [August 6, 2021].<\/strong> She was defended by Defence attorneys \u2018Pete Mc Knight and Laurence Daniels\u2019 [June15, 2021]. <\/strong>The mother of 2 young children reportedly came up for sentencing after being remanded for \u20182-weeks\u2019<\/strong> at Her Majesty\u2019s Prison. In the case of Defence attorney \u2018Leon \u2018Chaku\u2019 Symister,\u2019 <\/strong>a male accused advisedly aborted a full trial. Entering a \u2018Guilty Plea\u2019<\/strong> to a single indictment of \u2018Indecent Assault,\u2019<\/strong> a persuasive, if not compelling \u2018Plea in Mitigation\u2019 <\/strong>seemingly averted the inevitable.<\/p>\n

DISGUISEDLY PUNITIVE<\/strong><\/p>\n

While his attorney pleaded, he may have been silently repeating; \u2018Hail Mary Full of Grace.\u2019<\/strong> Though not necessarily for his whispering hope, he was ordered a \u2018Conditional Bond of an<\/strong> 18-month probationary period.\u2019 <\/strong>Before a different adjudicator, this contrasted the high-profile Case involving \u2018Physiotherapist Patrick Matthews <\/strong>and co-accused, \u2018Hospital Theatre Technician Arnold Joseph.\u2019 <\/strong>Given the \u2018Juryless Trials,\u2019<\/strong> the \u2018Judges\u2019 may avail themselves of a \u2018Provisional 14 Days\u2019<\/strong> to give reasons for their verdicts\u2019 [JATA: Section 8].<\/strong><\/p>\n

IMPOSITION OF PUNISHMENT<\/strong><\/p>\n

Anticipating delays in completing \u2018Post-Trial Formalities\u2019<\/strong> as mandatory preparation of \u2018Reasons for Verdicts\u2019<\/strong> reached and returned. Anticipating disruptions and delays,\u2019 there is provision for \u2018additional time\u2019 to be taken by adjudicators. Such provision unambiguously states; \u2018\u2026Where a Judge fails to deliver his decision within the specified period, he\/she shall convene the Court and inform the parties (Prosecution\/Defence) of the time required for the completion of the task\u2019<\/strong> [Section 8 (3)]. Given this proviso, it might be seen as contradictory to that which Parliament intended for trials to be expedited.<\/p>\n

PREDICAMENT<\/strong><\/p>\n

Unlike the universally-practice of un-delayed \u2018Imposition of Punishment\u2019 <\/strong>after a \u2018Guilty Plea or Guilty Verdict,\u2019<\/strong> neither of the two convicts, the \u2018Physiotherapist nor Surgical technician\u2019<\/strong> were handed down any penalty in keeping with such practice. Their experiences speak to a that may never have been experienced in the conventional mode of trial. Both have been tried without the benefit of a \u2018Jury of their Peers.\u2019<\/strong> Both have been convicted. Both have been remanded to \u2018Her Majesty\u2019s Prison (HMP)\u2019 [July 27, 2021].<\/strong> \u00a0Baring delay for \u2018Social Inquiry Reports,\u2019<\/strong> both shall come up for sentence at the next \u2018Criminal Assize\u2019 [September, 28, 2021].<\/strong> This may have been contrary to the \u2018Mischief Aimed\u2019<\/strong> by Parliament. Pundits saw this development as disguisedly punitive.<\/p>\n

FINE OR IMPRISONMENT<\/strong><\/p>\n

Entering the \u2018Prisoner\u2019s Dock,\u2019<\/strong> as the seconds quickly ticked away, the accused heard their names called. Anxious and jittery, their attorneys may have been wondering what might be the fate of their clients. Conscious of their presence in a non-clinical environment, both sat uneasily, but pensively. When the trial was over, they were both found guilty of a \u2018Botched Surgical Procedure.\u2019 \u00a0Each convict now faces sentences of a \u2018Fine of EC$25, 000\u2019 or a 3-year term of imprisonment\u2019 [Medical Practitioners Act: No. 3of 2009]. <\/strong>Though an inherent discretion resides with \u2018Judges,\u2019<\/strong> convicted persons shall know that among their responsibility are; (i) \u2018\u2026Reducing societal lawlessness; and (ii) \u2026Protecting the society.\u2019<\/p>\n

REASONS OF EXPEDIENCY<\/strong><\/p>\n

It has always been a \u2018Pre-supposition\u2019<\/strong> that \u2018Judges\u2019<\/strong> are sufficiently well-learned. Thus, they shall know that after; (a)<\/strong> \u2018\u2026Hearing and summation of the evidence in its totality; and (b)<\/strong> \u2026Giving proper legal directions to Juries, they shall require them to retire to consider and return their verdicts. Moreover, \u2018Judges\u2019<\/strong> know that whether unanimous or majority, verdicts were returned within hours of deliberations. Even as it has been so enacted, it was made sufficiently clear that for \u2018Reasons of Expediency,\u2019 \u2018Judges\u2019<\/strong> have been made to function in a dual-capacity. On the one hand they are \u2018Adjudicators,\u2019<\/strong> while on the other \u2018Juries.\u2019 <\/strong>Consequently, they have been so positioned to inter alia; (a)<\/strong> \u2018\u2026Give legal directions to themselves; (b)<\/strong> \u2026Observe the demeanor of witnesses for themselves. Where necessary, give directions to themselves and draw inferences that are reasonable. These will have been directions to empaneled \u2018Juries.\u2019<\/p>\n

CONVICTION MACHINE <\/strong><\/p>\n

The general citizenry and some practicing attorneys saw the \u2018Juryless Trials\u2019<\/strong> as turning Judges into \u2018Conviction Machine.\u2019<\/strong> Many have been forced to compare the \u2018King\u2019s Casino Slot Machines,<\/strong>\u2019 more popularly called \u2018One-Arm Bandits.\u2019<\/strong> It was to patron\u2019s knowledge that many players hoping to win a \u2018Jackpot,\u2019 had reportedly inserted coins with regularity. The end results have been racked-up financial losses. Conversely, in the \u2018One Judge Trial,\u2019<\/strong> it was said that the more legal arguments and submissions made by Defence attorneys, the more they were treated with disdain. Thus, many defence attorneys have displayed an inability to successfully defend their clients.<\/p>\n

DISPROPORTIONATE IMBALANCE<\/strong><\/p>\n

In the recent parliamentary sitting to give legal effect to \u2018Juryless Trials,\u2019<\/strong> the former Education Minister\u2019 strongly argued against that which, when expediently enacted by Parliament shall be called \u2018Legal Fictions.\u2019<\/strong> Those that had considered certain \u2018Clauses\u2019 <\/strong>deeply contentious, were Leader of Her Majesty\u2019s Loyal Opposition, \u2018Jamale Pringle\u2019<\/strong> and fellow-parliamentarian \u2018Trevor Walker.\u2019<\/strong> They had foreseen judicial injuries being exacted upon some accused persons. Those harboring no such belief, were clearly not worried over Verdicts that could provoke public dissent.<\/p>\n

ADMINISTRAATION OF JUSTICE<\/strong><\/p>\n

That which shall be understood, is that without \u2018Juries,\u2019 the \u2018Administration of Justice\u2019<\/strong> has never been left solely to the prosecutorial exploits of \u2018Crown Prosecutors\u2019 <\/strong>or the adjudicating skills of \u2018Judges.\u2019 <\/strong>Seemingly foisted upon the \u2018Judiciary\u2019<\/strong> at \u2018Short Notice,\u2019<\/strong> it has prompted some legal luminaries to look at its impact on the administration of justice and its proper dispensation. Most were concerned with its dispensation. Statistical trial data have, so far prove these luminaries right. In the \u2018Juryless Trials,\u2019<\/strong> research has shown that it was first introduced to the \u2018Australian State of Victoria.\u2019 <\/strong>Due to be repealed [November 2020],<\/strong> a surge in \u2018Covid-19 Pandemic Cases,\u2019 <\/strong>saw judicial authorities kept the \u2018Wheels of Justice\u2019<\/strong> turning. \u00a0Thus, the initiative was further extended to \u2018April 26, 2021\u2019 [Judicial College of Victoria: 2009].<\/strong><\/p>\n

IN 30 DAYS: – 9 TRIALS – ANTIGUA\/BARBUDA <\/strong><\/p>\n

In criminal trials, \u2018Juries\u2019 shall be directed by \u2018Trial Judges\u2019<\/strong> to resolve \u2018Reasonable Doubts\u2019<\/strong> in favor of those standing before the \u2018Bench.\u2019 Since the \u2018Judge Alone Trial\u2019<\/strong> took operational effect in this jurisdiction, in \u2018Just 30 Days\u2019 <\/strong>more criminal indictments were tried, than of victims snatched by the dangerous infectious disease \u2018Coronavirus-19 Pandemic.\u2019 None shall refute the statistical data hereunder provided. <\/strong>Research has revealed an amazing \u2018String of Convictions.\u2019<\/strong> Grim outcomes showed that \u2018Guilty Verdicts\u2019 <\/strong>have outnumbered \u2018Guilty Pleas and Acquittals.\u2019<\/strong> Some Legislators had foreseen the likelihood of a disproportionate imbalance in the number persons convicted and acquitted. \u00a0<\/strong>They may now have seen manifestations of their concerns.<\/p>\n

DISPROPORTIONATE RATE OF CONVICTIONS<\/strong><\/p>\n

For instance, \u2018Nine (9) Trials\u2019<\/strong> have been completed [August 7, 2021].<\/strong> The \u2018Juryless\u2019 <\/strong>mode of trial showed some \u20187-Convictions-80%\u2019 <\/strong>as opposed to \u20182-Acquittals.\u2019 <\/strong>That which appears obvious, is the \u2018Disproportionate Rate of Convictions,<\/strong>\u2019 primarily of those seemingly opted to be tried without a Jury. These have caused revulsion in the convicted and consternation in their attorneys. While none shall impute improper judicial behavior or cast aspersion on the adjudicators, some may very well reach other jurisdictions. The dispensation of justice has never been subjected only to judicial determination by \u2018Trial Judges,\u2019 however learned or wherever practiced.<\/p>\n

IN 180 DAYS: – 11 TRIALS – AUSTRALIA<\/strong><\/p>\n

Contrastingly, research into the \u2018Australian Judge Alone Trial\u2019<\/strong> showed a more balanced \u2018Scales of Justice.\u2019<\/strong> Trial data showed that during a six-months extension, \u201811 Trials\u2019<\/strong> were full completed. The results revealed a fair and equitable dispensation of justice. For instance, there were \u20186 Acquittals- 54% <\/strong>to 5 Convictions.\u2019<\/strong> This \u2018Mode of Trial\u2019 <\/strong>was later repealed [April 26, 2021].<\/strong> Instructively, the \u2018Victorian Court\u2019<\/strong> was said to have been inundated with applications for such trial. The Court ordered that partially-completed trials shall continue to completion. [JCV: 2009].<\/strong> Unlike that obtained in \u2018Australia,\u2019<\/strong> the \u2018Scales of Justice\u2019<\/strong> appeared so gravely imbalanced with \u2018Arrows of Convictions\u2019<\/strong> seems constantly pointing toward the penitentiary.<\/p>\n

STATISTICAL TRIAL DATA<\/strong><\/p>\n

Based upon available \u2018Statistical Trial Data,\u2019<\/strong> this has prompted four \u2018Fundamental Questions.\u2019<\/strong> They are; (i) \u2018\u2026Has Judge Alone or Juryless trial providing an unfair advantage to Crown Prosecutors; (ii)<\/strong> \u2026Have accused persons been placed at grave disadvantage with\/without legal representation; (iii)<\/strong> \u2026Have such trials served the public interest or that of justice: and (iv)<\/strong> \u2026Shouldn\u2019t Juries and Judges perform their original roles in the manner the administration of justice demands? These are posed from these well-established facts; (a) \u2026Juries judge Facts and return verdicts; and (b) \u2026Judges adjudicate, judge Law and give directions?\u2019 <\/strong>Even as \u2018Crown Prosecutors\u2019<\/strong> may boast of their collective success and Defence attorneys may feel defeated and dejected, still none may regard the \u2018Judiciary\u2019 as an \u2018Institution of Fear.\u2019<\/strong><\/p>\n

LUDICROUS AND GRIEVOUS<\/strong><\/p>\n

Nothing appears more \u2018Ludicrous and Grievous\u2019<\/strong> than certain provisions contained in the \u2018Juryless Trial Act,\u2019<\/strong> than that which may has been inserted to favor the Prosecution. Citing \u2018Grounds for Jury Exclusion Application\u2019<\/strong> from criminal trials, such clearly has potential for exploitation of the Judiciary and serious injury to the administration of justice. Instructively, such may only arise when an application is made only by \u2018Crown Prosecutors.\u2019<\/strong> The enactment provides a particular ground upon which an application may be made. Among others, it states that; (a)<\/strong> \u2018\u2026The \u2018Complexity of Trial;<\/strong>\u2019 or (b)<\/strong> \u2026Length of the trial or both; (c)<\/strong> \u2026If it is likely to be burdensome to the Jury; or (d)<\/strong> \u2026The interest of justice require that the trial should be conducted without a Jury\u2019 [Section 6 (2) (d)]. <\/strong><\/p>\n

COMPLEXITY OF TRIAL<\/strong><\/p>\n

Encouraging judicial tardiness, the Statute states; \u2018\u2026Where a Judge fails to deliver his\/her decision within the specified period, he\/she shall convene the Court and inform the parties of the time required for the completion of the task\u2019 [Section 8 (3)].<\/strong> Many legal practitioners have asked, \u2018…If such is not an absurdity, then what is? <\/strong>Then there was the vexed issue of \u2018Complexity of Trial.\u2019 When \u2018Parliamentarian Trevor Walker\u2019<\/strong> ventured to ask \u2018House Speaker Sir Gerald A. Watt KCN, QC; \u2018\u2026Who determines the \u2018Complexity of a Trial?<\/strong> In response, Principal Legal Adviser to the Government, and Minister of Legal Affairs, \u2018Steadroy \u2018Cutie\u2019 Benjamin\u2019 was quoted by the media as saying, \u2018The question was without foundation and basis\u2019<\/strong> [ANR: May 7, 2021]. What has reportedly transpired thus far, surely paints a different picture.<\/p>\n

CONCLUSION<\/strong><\/p>\n

In performing the functions of Juries to \u2018Judges of Facts,\u2019<\/strong> in \u2018Judge Alone Trials,\u2019 adjudicators shall not be perceived by members of society as \u2018Legislative Functionaries.\u2019 <\/strong>More importantly, administrators shall be mindful in strengthening public confidence with verdicts, aligned with their values and the concept called \u2018Justice.\u2019<\/strong> Today, that which pervades society have been violent and non-violent crimes. These have been perpetrated against the innocent and law-abiding members of society. Still citizens continue to feel no deep sense of appeasement over the slowness punitive sanctions have been visited upon the lawless. They have seen those that have calculatedly and mercilessly inflicted harm on the society. Thus, as these criminals continue to operate outside the \u2018Realm of Law,\u2019<\/strong> Parliament continues, albeit reactively, flex its \u2018Legislative Muscle.\u2019 <\/strong>Still, this appeared not to have brought respite to hapless, defenceless and law-abiding citizens. Even with the lopsided rate of convictions, the \u2018Judge Alone Trial\u2019<\/strong> appeared not to represent an equitable dispensation of justice, ***<\/p>\n

\"\"<\/a><\/div>","protected":false},"excerpt":{"rendered":"

by Rawlston Pompey Every \u2018Antiguan and Barbudan\u2019 student at the \u2018Norman Manley Law School\u2019 [Mona Campus: UWI: Jamaica], knows that Juries neither wield nor exercise \u2018\u2026Power; \u2026Authority; nor have jurisdiction of over the Courts or Judicial officers.\u2019 Instead, such resides in the Court and exercisable only by \u2018Judges.\u2019 The simplest supportive points are; (i) \u2018\u2026Jurors […]<\/p>\n","protected":false},"author":3,"featured_media":11704,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-136154","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Judges Adjudicating Like Magistrates - Antigua News Room<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/antiguanewsroom.com\/judges-adjudicating-like-magistrates\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Judges Adjudicating Like Magistrates\" \/>\n<meta property=\"og:description\" content=\"by Rawlston Pompey Every \u2018Antiguan and Barbudan\u2019 student at the \u2018Norman Manley Law School\u2019 [Mona Campus: UWI: Jamaica], knows that Juries neither wield nor exercise \u2018\u2026Power; \u2026Authority; nor have jurisdiction of over the Courts or Judicial officers.\u2019 Instead, such resides in the Court and exercisable only by \u2018Judges.\u2019 The simplest supportive points are; (i) \u2018\u2026Jurors […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/antiguanewsroom.com\/judges-adjudicating-like-magistrates\/\" \/>\n<meta property=\"og:site_name\" content=\"Antigua News Room\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/antiguanewsroom\" \/>\n<meta property=\"article:published_time\" content=\"2021-08-30T01:45:59+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2021-08-30T12:27:33+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/mlavawteztbj.i.optimole.com\/w:auto\/h:auto\/q:mauto\/f:best\/https:\/\/antiguanewsroom.com\/wp-content\/uploads\/2018\/01\/lawschool.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"507\" \/>\n\t<meta property=\"og:image:height\" content=\"338\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Editor\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@AntiguaNewsRoom\" \/>\n<meta name=\"twitter:site\" content=\"@AntiguaNewsRoom\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Editor\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"24 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/antiguanewsroom.com\/judges-adjudicating-like-magistrates\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/antiguanewsroom.com\/judges-adjudicating-like-magistrates\/\"},\"author\":{\"name\":\"Editor\",\"@id\":\"https:\/\/antiguanewsroom.com\/#\/schema\/person\/36cac05ef6398fe56ae3e6317f8535c5\"},\"headline\":\"COMMENTARY: Judges Adjudicating Like Magistrates\",\"datePublished\":\"2021-08-30T01:45:59+00:00\",\"dateModified\":\"2021-08-30T12:27:33+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/antiguanewsroom.com\/judges-adjudicating-like-magistrates\/\"},\"wordCount\":5376,\"commentCount\":5,\"publisher\":{\"@id\":\"https:\/\/antiguanewsroom.com\/#organization\"},\"image\":{\"@id\":\"https:\/\/antiguanewsroom.com\/judges-adjudicating-like-magistrates\/#primaryimage\"},\"thumbnailUrl\":\"https:\/\/mlavawteztbj.i.optimole.com\/w:507\/h:338\/q:mauto\/f:best\/https:\/\/antiguanewsroom.com\/wp-content\/uploads\/2018\/01\/lawschool.jpg\",\"articleSection\":[\"News\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/antiguanewsroom.com\/judges-adjudicating-like-magistrates\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/antiguanewsroom.com\/judges-adjudicating-like-magistrates\/\",\"url\":\"https:\/\/antiguanewsroom.com\/judges-adjudicating-like-magistrates\/\",\"name\":\"COMMENTARY: Judges Adjudicating Like Magistrates - 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