It has been how long since the Johan Bjerkhamn matter reared its head? We don’t need to be reminded of the tragedy but how can we forget when the dust settled about 1 year ago Bjerkhamn’s 11 year old son Luke was dead. Many Barbadians have been asking when will this matter finally be scheduled for trial. Most recent information indicates the Bjerkhamn matter – he been updating magistrates court on the injury sustained to his hand in the shooting incident – has been adjourned and not been continued. What this means is that the matter now rest with the Director of Public Prosecutions (DPP) whether the case has merit to proceed with charges or not.
The challenge for the DPP, and it should not be the case, there is the politics associated with this matter. There is the valid perception in Barbados and beyond that people with money benefit from a different kind of justice. Johan, the snotty nose son of construction mogul (label borrowed from local media) Tomas Bjerkhamn has retained the best lawyers money can buy in Barbados, Sir Richard Cheltenham, Andrew Pilgrim well known. When all the emotion and politics is removed from the Bjerkhamn debate the only thing Johan should be charged for is being a jackass. Based on the titbits of information leaking on this matter BU believes that it will be difficult for any jury to prove criminal intent here. BU’s best legal opinion on this matter supposes that even if a jury did convict at first instance, any appeal would reverse the decision.
Interested observers are awaiting Director of Public Prosecutions decision on this case file with some interest.
The concern of Barbadians is the considerable delay this matter has already taken. Imagine if Johan was not ‘a rich White boy’ and not able to afford the best lawyers and satisfy court sureties, he would have been on remand for nearly a year. On the other side of the matter we have many person currently on remand at Dodds Prison because they don’t have similar resources. We build palatial edifices to house prisoners (Dodds) and try cases (Whitepark Judicial Centre) but the administration of the justice system systemically breeds wastage. Not only is justice delayed justice denied, the cost to taxpayers to upkeep those accused of crimes on remand then to be found not guilty…. The Bjerkhamn exposes the rich-poor legal divide in a very unflattering light. It also shows that the legal system as completely broken down.
The track record of DPP Charles Leacock has been very unflattering to date. Whether he has been hamstrung by the system or himself manipulated by the politics at play is for others to know. The DPP maybe influenced to bring this matter to trial mindful of an electorate who may feel that the lack of prosecution of Johan is because of his wealth and not because of the lack of a case. We all know that there is one law for the rich and another for the poor. Let us not fool ourselves on that one. It is reprehensible and completely unacceptable.
If only we can get a Chief Justice installed maybe we could attempt to change the blinding double standard embedded in the justice system in Barbados.
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