HON. SALLY PORTEOUS, CD, JP CUSTOS ROTULORUM, MANCHESTER JAMAICA
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January 25th, 2014

16/1/2014

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LAY MAGISTRATES MEETING  January 16, 2014

Her Worship the Mayor           
Counc. Brenda Ramsay

Senator the Hon. A.J. Nicholson      
Minister of Foreign Affairs & Trade

Hon.Oswald Burchenson                   
Senior Resident Magistrate

Senior Supt. Marlon Nesbeth            
Area 3 Police, Manchester

Mr. Hugh Perry                                 
National President, Lay Magistrates Assoc.


Mr. Trevor Heaven                            
President, Manchester Chapter
Lay Magistrates Assoc.

Rev. Joan Smith                                
Chaplin

Past Presidents of the Lay Magistrates Association

Zone Co-ordinators

Justices of the Peace

GREETING:

It gives me great pleasure to bring greetings this afternoon on the occasion of the half yearly meeting of the Manchester Chapter of the Lay Magistrates Association.

I would like to extend a special welcome to Senator the Hon. A.J. Nicholson, Minister of Foreign Affairs and Trade and to say how happy we are to have you with us in Mandeville today.

Special welcome also goes to Mr. Hugh Perry, National President of the Lay Magistrates Association. It is my particular pleasure to welcome you to our Parish.  I know that you have travelled far and we are very happy to have you.  (Incidentally Hugh Perry and I go back a long time, when I used to spend so much time in Portland when I was in the Film Industry.)

GENERAL:

Ladies and Gentlemen, I am sure that you will agree that it has been a difficult year for the Parish as the economy struggles and the lack of the kind of investment that can produce a significant number of jobs has eluded us.

The promise by U.C. Rusal that Wyndalco and Alpart would be retrofitted to begin production in 2016 does not appear to be happening so the hope of a revival of the Bauxite and Alumina industry continues to diminish.

Crime has also put the Parish under pressure and even though fewer murders were committed in 2013 than 2012, robberies, rape and child abuse continue to torment our people.  Indeed, we have even had one case of kidnapping.

 These negatives stymy the climate needed for investment and threatens the very stability of the Parish.   This is not good for business and certainly not good for the general well being of us all.

The Police ably led by Senior Supt. Marlon Nesbeth works tirelessly to keep us safe and I would like to commend him for all his hard work in combatting crime in the Parish.  He has quickly built a reputation as a man who is very approachable, highly organized and genuinely interested in the well being of us all, but the truth is, he needs our assistance in preventing domestic violence and in knowing and reporting what is going on in our communities.

I say this, because as Justices of the Peace, we need to play our part in helping to keep the peace by assisting to resolve conflicts that threaten to erupt into violent endings.

One program that has stood the test of time and which the Police very much believe in is the Neighbourhood Watch.  These Watches not only teach the community good safety practices, but they give you, the J.P. the opportunity of meeting new people and hearing about problems that could result in danger. I am asking Justices to really get involved and to provide the leadership required to make this happen.  Let us concentrate on that as our prime project for the year 2014.  We need Neighbourhood Watches in every single community in our Parish!

PROBLEMS:

You have probably heard that we have some problems in our midst.  One J.P. is on a charge of solicitation to commit murder.  Some I am told, are charging for services; others still, are writing and stamping letters swearing that they have known specific persons for a period of time in connection with bail when in fact they do not know them at all!

These irregularities are serious offences and I need now, to warn Justices, that I will be acting most severely if I find anyone guilty of such an offense.  Justices are trained in the rules and regulations of the privilege of being a Justice of the Peace and if anyone cannot adhere to these rules, they will not be tolerated in the system.

NEW J.P.’S

 I know that you will be happy to hear and would want to welcome the 25 new Justices of the Peace who were commissioned in December.  The J.P.’s were carefully selected from a wide cross section of the Parish.  This makes a total of 65 Justices trained since I became Custos two years ago.

Also in December, a specialized training course for Court Procedures for J.P’s from the Parishes of Clarendon, Manchester and St. Elizabeth was held.   10 Justices were trained from each Parish, making a total of 30. I also entered the training, as I believe that training like this, which includes theory and practicum is helpful in my understanding of what is needed in the Court system and I am happy to have been involved.  We will be continuing these courses this year.

 One J.P. from Manchester, Miss Sara Allen attended specialized training for the Drug Court and specialized training is taking place now, for Justices who are on the Spirit Licensing Panel.

CUSTOS WORK:

There is a great deal of work that I am personally involved in which I think is of great importance to the Parish.

I am on the Safety and Security Committee which Her Worship the Mayor chairs, I am on the Dispute Resolution and Violence Prevention Association, chaired by Pastor Michael Harvey from NCU, I am assisting St. John Bosco in their re-organization and I am happy to say that the fund raising efforts for the Curphey Home last year resulted in more than we have ever raised, over $500,000!   

But where I will be spending most of my time this year is in the renovation and upgrading of the Mandeville Court House and in implementing areas better suited for Petty Sessions of Court in Mandeville and Christiana.

Two areas have been identified for the Petty Sessions of Court and both have been shown to the Permanent Secretary and her team from the Ministry of Justice.

  In Mandeville we are considering the Cecil Charlton Hall, however, that location does present problems.   In Christiana I can definitely confirm that the offices above the Post Office will be taken over by the Ministry of Justice and used for Petty Sessions of Court and I want to thank Justice Ivan Green for his input in assisting us in getting that location.   The area will be configured into a Court Room, office and bathroom for the Judge, offices and bathrooms for staff and an area for the public to sit in comfort.  New bathrooms will be installed for males and females.   So very soon, our Christiana J.P.’s will have the use of a new, efficient area to work.

Picture
MANDEVILLE COURT HOUSE:

With respect to the Mandeville Court House, the vision is to restore the Court House to it’s former glory and to modernize those areas of the Court House needed for the smooth and efficient running of the court. 

Already estimates have been completed for the structural needs of the building.   The electrical audit has also been done.  The estimate for the collection and stowage of thousands of old files, some that date back to the 1930’s has been done and we will shortly have estimates in for new computers, new furniture, new P.A. system, new everything that is needed to satisfy and improve the efficiency of our Justice system.   

  What I really want is for all the staff, the Judges, the lawyers, the J.P’s, the Jurors etc. to be able to work in cool, comfortable conditions so that this important aspect of our Justice system works efficiently. 

Thanks to Top Loaf Bakery, Jurors were fed during the time that Circuit Court was held.  I had been told that jurors were not turning up for duty as their stipend for lunch had not been arriving on time and many could not afford to pay for lunch.  I am happy to say that Top Loaf will be extending this curtsey again to the new set of Jurors later this month.

  Hopefully, by the end of this year, we will have a beautiful Court House, that works efficiently and that will compliment the terrific work done by Mayor Ramsay in the Cecil Charlton Park.

I want to thank Mr. Tony Freckleton Chairman of the South Coast Resort Board in pledging assistance from the TEF Fund and for all his assistance in speaking to the CHASE fund and for his enthusiasm and assistance.

I have also written the Clerk of the Courts regarding parking for Justices of the Peace at the Mandeville Court House.   Three spaces are reserved there for J.P’s so please let the gateman know who you are so he can direct you to your space. 

CONCLUSION:

Ladies and Gentlemen, we have had a tough year.  A lot of people are hurting from the loss of loved ones, from sickness and from economic woes.  A lot of people are living in fear of what lays ahead. 

I am appealing to everyone to concentrate on those who need our help and to put aside feelings that create suspicion and anger.    There is so much that needs to be done and it is so easy to get distracted by petty things that really should not be given the time of day.  Let us learn to trust each other and to concentrate on those large and important things that can transform the lives of our people.

   We are a select body of people who have been given special privileges and responsibilities and we must keep our eye on the ball in doing those things that will give us positive results!

The people of Manchester are looking for leadership and we, we the Justices of the Peace need to rise to the occasion and play our part!  

We need to set the example of excellence!

We need to show the Parish that we, the Justices of the Peace are a strong, dedicated and diligent group and that we CAN set the pace, we CAN do it right.  Indeed, we are the ones who are proud to serve!

 It is critical for us to stay together, to be in close communication and to move together where necessary to protect and to ward off potential dangers.

And if you need my help in this regard, call me, I am always available!

 It is important therefore, that you attend Zone Meetings, that you are up to date with what is happening, that you let us know if you change address, telephone number or email address, that you make your suggestions and give your views for you are integral to the success of this great organization of Justices of the Peace!

We, as Justices of the Peace cannot afford the luxury of standing back.  Ours is the job to go forward, to get involved and to see the matter through to a satisfactory conclusion. 

We must ensure that our women and children are protected and guarded against a new kind of savagery that is prowling our communities!

In ending, I would like to thank the Lay Magistrates Association for the part that you play in the system. Thanks to all the Justices of the Peace.  I know how dedicated you are in your quest for excellence and I commend you for all your efforts, for you do not ask for reward or recognition, you just get on with the job.    You are a rare breed of volunteers in this world of selfish commercialism.  

I have been touched by all that you do and I believe that the Parish of Manchester is a better place because of you.

To quote His Excellency, Sir Patrick Allen, Governor General of Jamaica, “there is nothing that is so WRONG with Jamaica, that what is so RIGHT with Jamaica cannot solve.”

With these words, may I wish you every success for this New Year.

May God bless you and keep you in good health, in happiness and in much prosperi
ty.

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SAFETY& SECURITY FORUM    Thursday, 8/15/2013

8/10/2013

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SALLY PORTEOUS
Ladies and Gentlemen, 
It is my pleasure to be with you this evening on the occasion of the first public forum of the Safety and Security
Committee. As a member of the committee, I have had the pleasure to sit with some very special people.    These persons represent the various organizations that comprise the committee and who I know, very much believe in the core value and the importance of it. 
 
I wanted to speak about Human Rights this evening and to make a special appeal to the Justices of the Peace who I believe can make a difference in the behavioral pattern in the communities where we live. Because as Justices of the Peace, part of our mandate is to: 
 
“Give counsel and advice to citizens in the community.  To listen to and, where possible, help persons who experience various kinds of problems and who seek the advice of a Leader in the community.”

This vital role if properly carried out, will lessen tension; enable the flow of information and provide that much needed leadership that many communities lack. If we are able to assist in this regard, we will contribute greatly in
preventing violent confrontation.   As you probably know, some 80% of our murders in the Parish are domestic.  If therefore, we can help by being that person who can adjudicate in difficult matters, the end result might be completely different.

ON THE QUESTION OF RIGHTS OF THE PUBLIC:
There have been two major incidents that have occurred in the Parish recently that gives me great concern. The first is where a man on charge for a violent crime and out on bail, attacked three women in three separate incidents.  
This happened in the Christiana area.  Each suffered wounds to their heads and face.  Each woman was robbed.  All
three women had to be hospitalized.  The attack on the last women was so vicious that she will lose the sight
in both of her eyes! 
So, the question is, why was this man let out on bail when he already had a violent history? 
  
The second incident occurred when a taxi driver from Greenvale was let out on bail after he raped his 12-year-old Goddaughter.  Undeterred, he went on to rape his own daughter who is also 12 years old!
Again, the question, who was protecting the Rights of these two little girls? Where in all of this was the safety and security of the public taken into consideration?    And who is to bare the physical and emotional cost to these people?
And when incidents like these occur, are we not setting up the community for revenge? I am told that the Bail Act allows persons to go free if the Court is assured that the person will turn up for their Court date.  
 
My question is, where was the consideration for the protection of the public?  And what should we, the public do about matters like these?  Should we not be involved in situations where our lives and the lives of our children are at stake? Is that not a Human Right?  And what background checks are done on these men who drive public vehicles?   Do the Police check them out before they are permitted to take our women and children in their vehicles?  And if not, why?  
 
For my part, I have written the Minister of Justice on the question of Bail, I have met with an RM and I have gone to Court and sat with him to get a better understanding of the Court procedures. Because each time that something like this occurs, it puts the community into a bad psychological state!  Anger and revenge and fear raises it head, in which case, secondary problems arise and the Police and the community are then faced with another problem, that of keeping the peace.

Another matter that we have to be careful of is the question of minorities being targeted for hate crimes.  Just a few weeks ago, a 17 year old boy, a cross dresser was murdered in Montego Bay. He was killed by a group of people at a dance who found out that while he was dressed as a woman, he really was a man.  They seemed to think that because he was different from them that it would be perfectly all right for him to suffer the ultimate consequence. So they killed him. After all, who would care?  His very father had thrown him out of his house! So the people stabbed him and shot him and dumped his body in the bush!  That, in their minds, got rid of a nasty problem.

Little was said about his murder. It was as if this boy’s life meant nothing!    It took a few people like Mark Shields, Emily Crooks and Jamaicans for Justice to persistently keep the issue alive on Twitter before any attention was given.
I am also told that this year, 2 men have been killed and 36 others have suffered violent attack because of their sexual preference.  Why? What has caused us to be so violent to people who are different from us?

Jamaica is known internationally as the third “coolest country in the world” but we are also known as a country that has one of the highest murder rates in the world and the country which is the worst for our violent hatred of gay people.  Our international image is going south because of our behavior.  This is impacting negatively on our
International Human Rights ranking and our inability to land overseas investment.  All at a time when this country is looking for every dollar that it can in investment. Are we not aware that investors look at these things before putting their money into a country like ours?

So let me say this, I have no problem with people who have a personal bias regarding homosexuality, we all have our biases, but I do have a problem with anyone publicly inciting hatred, violence or discrimination against any minority group and I frankly will not tolerate it amoung the Justices of the Peace.  For you cannot be a Peace maker and a hater at the same time!   WE, we the people cannot allow ANYONE to be murdered because they are different!

Ladies and Gentlemen, it was not so long ago that millions of people were enslaved in this country, in what became one of the world’s greatest atrocities!  Africans were brutalized and murdered on the sugar plantations because they were different! Yes, seen as less than human!   It was not so long ago that 8 million people of the Jewish faith
were put to death in the gas chambers because they were different!  
 
It was not so long ago that a man by the name of Nelson Mandela was imprisoned when he fought to end apartheid in South Africa! He stood strong for those who were different!  It was not so long ago that Martin Luther King was murdered because he fought for the Rights of black people in America!  It was not so long ago that women were considered to be so inferior that we couldn’t vote!  (Look at us now!)

Personally I have a great regard for the President of the United States.  As a black man, he has had to face some challenges that are so tough, but he carries on with courage and distinction.    President Obama has risen to great heights and continues to rise because he has become President of ALL of the people!  He has shown the courage and the guts to stand up for minorities because he not only believes in the Rights of all people, he is showing by example, how all Americans should think and behave.  That’s leadership!
 
I believe that we in Jamaica have such a shining example in him and if we try to learn from him, we will all live a much more respectful, peaceful and democratic life.    Leadership is not easy.  It requires that you stand up and be counted.  It requires that you speak up and be ready to take the criticism!    It requires that you be not afraid to stand-alone!  WE, we in this room are leaders and we need to take back our country and be prepared to lead it!  
 
Lead it one by one if necessary, for every time we keep quiet, every time we say nothing, every time we do nothing, we send a message that says,  “it’s O.K.” It’s O.K. to do what you are doing. It’s O.K. to push that boy, beat that youth, terrorize those people, kill that gay person!  And before you know it, the message has been released and like germs in the air and an epidemic takes place in the minds of those who didn’t need much to topple them over the edge!
They allow terrible acts to be carried out because we, the leaders, failed to stop it! And before you know it, you have a
nation full of violent people, all disregarding God’s holy law, “THOU SHALT NOT KILL”. 

Dwayne Jones was doomed when his father flung him out of the house because he was different. Dwayne Jones was doomed when his father failed to stand up for him, his precious son! As his father he should have sheltered him and protected him from the storm.  Poor Dwayne Jones, his life was ending from the moment that he began to show that he was different.

Ladies and Gentlemen, this country aims to become a first world country by the year 2030.  We have stated that we will become the place of choice to “work, raise families and do business.” Most people believe that we achieve this by how much money we have in the Bank, or what the Gross Domestic Product is.  It is not!  It is how we think and how we obey God’s laws!

 I thank you all for coming here this evening.  I hope that I have given you some food for thought and that you will try to put some time aside to assist in this great effort to make our Parish one that we can all be proud.

God Bless you and God Bless Jamaica.
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    Hon. Sally Porteous, JD

    Write something about yourself. No need to be fancy, just an overview.

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