By Andrew Clunis
Did Noel Maitland murder his girlfriend, social media influencer Donna Lee Donaldson?
Well the jury took just about four hours to decide he did and now the former police constable faces the prospect of spending the rest of his life behind bars.
But was the conviction secured beyond reasonable doubt? This is a question any forthcoming appeal will have to examine.
For a prosecution to be successful the prosecution should be able to prove guilt beyond reasonable doubt.
Guilt beyond reasonable doubt is the highest standard of proof in criminal law, requiring that evidence be so convincing that no other reasonable conclusion exists, firmly convincing a jury of the defendant's guilt. It does not require 100% certainty, but eliminates doubt based on reason, not speculation.
There are those in the public who expected the Maitland case to be an open and shut matter.Afterall, the case was tried in the court of public opinion and on social media long before the jurors deliberated.
Did Maitland get a fair trial? It would have been hard pressed to find seven men and women who would not have heard of the matter in some shape or form and would have perhaps formed a prejudicial opinion.
Director of Public Prosecutions Claudette Thompson conceded that the case was based squarely on circumstantial evidence. There was no eyewitness, no murder weapon thus the case was likened to a jigsaw puzzle.
It bore many similarities to the Vybz Kartel murder trial. But the DPP revealed that the office had secured conviction in the past with the absence of a body.
In a court of law, particularly when it comes to murder cases, facts are material in most cases but sometimes not. It is about how convincing your argument is and it can be used to sway the minds of a jury of the dendant’s peers.
There is an ongoing debate in the public sphere as to whether Jamaica should discontinue jury trials and have judges alone preside over matters.
The Chief Justice Brian Sykes is firmly of the view that trials should be conducted by judges only. Does he have a point? Judges are schooled in the law and are best suited to apply it to the circumstances of a case and hopefully arrive at the correct outcome.
Justice minister Delroy Chuck has often conceded that it is very difficult to find good quality jurors to sit on panels.In a society such as ours where the educated remain in the minority, people who are qualified to sit as jurors are often busy and have no time for such public service.
This leaves prosecutors and lawyers with a depleted field to choose from/ The ordinary Jamaican is not attracted to jury service. Jurors get a paltry sum of money to pay for travel and lunch and it is just not worth people’s time.
So if we are to continue to have trials by jury let us provide better incentives and attract the very best among us to decide our peers’ fate.
A jury is a very powerful body as Noel Maitland has found out. In the interest of justice they must strive to make the right decision every single time. There was so much in this case that the prosecution failed to prove that it begs the question as to whether the conviction was safe.
Noel Maitland was found guilty and he must now pay the price. But it is evident that his appeal lawyers will have a lot of fodder to go on.
We say trust the process but it is important that the process is fair and equitable.
Should we continue to trust jurors or do we invest our trust in judges. The jury is out on this. What say you?