Ministry of Justice

For many Jamaicans the role of the Public Defender and by extension, the Office, is obscure.

Many hold the view that this is a person/office, which defends persons who are charged with offences and who do not have the money to pay for legal representation.

Howard Hamilton, Q.C., Public Defender

But this notion, says Public Defender, Howard Hamilton, Q.C., is incorrect. In fact, Mr. Hamilton tells JIS News that the title of Public Defender is misleading. "The Public Defender merely enlarged the office of the Senior Parliamentary Ombudsman to which I was appointed in November of 1998," he explains.

"The role of the Ombudsman is to investigate all complaints of hardship, injustice, or mal administration by a Government agency, or Government department," Mr. Hamilton adds.

He tells JIS News that in 2000 when the office of the Public Defender was established, the title of Senior Parliamentary Ombudsman was abolished, but not the office. The name was just changed to Public Defender so that everything that the Parliamentary Ombudsman did prior to April 2000, continues under a new name.

However, the jurisdiction of the Public Defender was expanded to cover not only what was being done by the Parliamentary Ombudsman (mal administration, hardship, injustice), but extended to Constitutional violations by a Government department or Government agency.

"So in addition, we now have the jurisdiction and the authority to investigate complaints of Constitutional violation, and by that extension, we are able to look at human rights issues that involve anybody in Jamaica, not just a Jamaican citizen," Mr. Hamilton says.

The Public Defender notes that as a result of the misconception the public has of this title, people would tend to think that the office is here to provide defence for persons charged. He points out that it is the Legal Aid Department that deals with such matters.

"Once the public understand what this Office is and whom it defends, namely the victim of either the hardship, the mal administration, or the Constitutional violations, we have no problems. Anybody who is a victim at the hands of Government is the person who can come to us for help. We do not defend the offenders who create the offence," he explains.

Another important aspect of the Public Defender's office, Mr. Hamilton says, is that the service is free.

Working with a staff of 23, including two lawyers, Mr. Hamilton notes that the greatest number of complaints come from pensioners, with complaints from prisoners running a close second.

"There are others too, and these include persons who have suffered at the hand of institutions, such as hospitals. But we get a lot of complaints from the pensioners. For example, they require a 'live' certificate; you have to prove, on regular intervals, to the Pensions department, that you are alive, for you to get your pension," he says.

"So we deal with pensions, titles, the National Housing Trust, birth or death certificates.If you are uncertain as to whether we have jurisdiction, all you have to do is call and inquire, because the first thing you must ask yourself, is this a complaint that would be against a government department. Once it's against a government department, yes, we have the jurisdiction," the Public Defender points out.

The office also deals with complaints from prisoners in custody, complaints against the police, the National Water Commission and the Parish Councils. These complaints may include an illegal garage in a residential area or a church in a residential area that is creating a disturbance and the Parish Council is not doing anything about it. The office will intervene on the resident's behalf.

Mr. Hamilton says that over the years, the Office of the Public Defender has maintained a 70 to 80 per cent rate of completed cases. The objective, however, is that all cases should be resolved within six months. "Sometimes, regretfully, that is exceeded, but if they are simple matters, we dispose of them within a month," he tells JIS News.

The Public Defender says there is a level of satisfaction to be derived when you help people who are not able to help themselves and not able to afford legal representation. So the Office concentrates on the poorer percentage of the population.

"Another thing I am proud of is my staff, most of whom have been here from the office was established in 1978. So they are extremely experienced. What is also gratifying about the job is that my staff helps to take the pressure off me," he says.

Mr. Hamilton says there is a perception that the Office has not been provided with a specific fund to retain counsel in Constitutional matters, but "my experience is that the occasions on which I have to go to court are less and less, because many of the cases are capable of being settled by negotiations, so that at the end of the day, it saves the Government legal cost".

"At present, whenever the need arises to go to Court, I would assign Counsel to the case and on completion I would submit the bill to the Ministry of Finance and it is paid. I find this system to be satisfactory, as one is unable to advise the Ministry at the start of each year exactly how much should be provided in this specific fund," he argues.

The Public Defender says that in order to reduce the level of suffering for successful claimants, he has even made recommendations to Government suggesting how funds could be put aside to deal with claims as a separate item. These recommendations are being considered.

Mr. Hamilton says it is his hope that one day the relationship between the public and the government services is such that his office would be made redundant. "That's a long way off," he admits.

The Public Defender says the main area of discontent in the eyes of the public, so far as his Office is concerned, is how the Police interrelate with the public.

"It is for this reason that I support fully all efforts that are being made to improve the relationship between the Police and the community, because that is the only way that abuse and killing at the hands of the Police will be so reduced, so that the day will come when the death of a Police officer, at the hands of criminal elements, will be cause for widespread outrage and shock from the general public," he says.

The Public Defender points out that the initial objectives of the Office were to deal with all forms of discrimination - the Rastafarians, children's issues, and HIV/AIDS. "The first two have been dealt with. One by the Courts and the other by the proposed Children's Act. Concerning HIV/AIDS, instead of a Constitutional motion, we shall be lobbying for legislation that will not cover only AIDS victims, but any form of victimization and we are now in the process of preparing a submission to Parliament," he adds.

Mr. Hamilton notes that for the future, the Office will be providing more information to the public about the various roles of the department. "We will be seeking to take the message to the people through public gatherings, as we did before, and we have created a brochure which we'll be circulating in all public areas, such as post offices, banks and schools to inform the public of the role of the Public Defender's Office," he says.