Golding, Chuck trade blows over Gun Court data

JUSTICE Minister Delroy Chuck and Opposition Leader Mark Golding clashed in Parliament on Tuesday over data on the Gun Court. The exchange was sparked after Golding questioned why the justice ministry had not determined whether the 2022 Firearms Act was affecting guilty pleas and case backlogs. Both legislators also engaged in a joust over Chuck’s response to a question about juveniles and people with no previous convictions who may have received the mandatory 15-year sentence for possessing imitation firearms, with Golding arguing that the minister should have obtained the information from the relevant agencies. The exchange came during the House of Representatives’ Questions and Answers to Questions segment on Tuesday, after Opposition spokeswoman on Justice Zulieka Jess put seven questions to Chuck about the operation of the Firearms (Prohibition, Restriction and Regulation) Act, 2022. One of Jess’s questions was whether the Government had assessed the extent to which the 15-year mandatory minimum sentence had reduced the incentive for early guilty pleas and what specific effect that had had on the trial backlog in the Gun Court. Chuck’s answer was brief. “Answer no,” said the justice minister. Golding then rose to ask a supplementary question, challenging Chuck over the absence of an assessment on an issue he said should be central to the justice ministry’s work. “I was shocked by that because I think that must be a critical deliverable of the Ministry of Justice to track how this legislation is impacting the justice system. And I’m asking you, why is it that you don’t have that information? How is it that you don’t have the data as to what impact this legislation is having on the flow of cases through the court system?” Golding queried. Chuck defended the ministry’s position by pointing to the time it takes for criminal cases to move through the Gun Court. “First of all, [when] all of these matters come into the gun courts, most of these matters tend to last two or three years before they’re tried. So to say that over the past four years, I should have figures when most of these matters would not even be tried after the Gun Court Act…and with due respect, all the material that would come to the Ministry of Justice would be two, three years. “They would not be indicating what has been the impact of the 2022 legislation. So you should know that most of these figures would only come after three, four years,” explained Chuck. Golding, however, pointed to information already being produced by the Court Administration Division, saying the issue was not necessarily whether cases brought under the 2022 law had already been completed, but whether available case-flow information showed an effect on the backlog.

CHUCK... defended the ministry’s position by pointing to the time it takes for criminal cases to move through the Gun Court

The disagreement then moved to the treatment of juveniles and people with no previous criminal records. Jess had asked the minister whether any juveniles, or people without prior convictions, were serving or awaiting trial for the mandatory 15-year sentence solely because they possessed an object classified under the law as an imitation firearm. Chuck initially answered that those statistics were held by other agencies. But Golding argued that the minister should obtain the information rather than leave the question unanswered. “You say that doesn’t lie in your ministry. But it’s your obligation to answer the question. So if you don’t have the information in your ministry about sentencing or in the courts, which fall under your ministry, you should get it from whatever source there is,” charged Golding. Chuck later clarified his position, saying he was aware juveniles might be before the courts, but he had not been informed of any juvenile who had been convicted under the Act and was serving a 15-year sentence. The explanation was challenged by Golding who argued that Chuck’s response appeared inconsistent with his earlier answer that the information rested with other agencies. “Your answer was that you can’t provide an answer because that information resides elsewhere. Then, on your feet, you are saying, to the best of your knowledge, there has been no case where somebody has been convicted in those circumstances. So those are two different answers,” argued the Opposition leader. “...And unless you’re just going to arrogantly dismiss the questions that have been asked, which is really how it felt like, to be honest, you would be expected to find out from whatever ministries… I mean, these questions were tabled just recently, and you’re providing the answers already without any real attempt to find out the information to answer the question, and I think that was unbecoming of a minister of your stature,” Golding added. Chuck then explained that he had requested more recent information, but had not received it. He said the ministry’s statistician is a consultant and, to his knowledge, was behind on some of the data. According to Chuck, even after the information is obtained, the ministry would have to compare recent figures with those from previous years before determining the effect of the 2022 law. He acknowledged that the comparison had not yet been completed. The exchange took place against the background of the Firearms (Prohibition, Restriction and Regulation) Act, 2022, which replaced the previous firearms law and introduced tougher provisions governing firearms offences. The Act is set to be reviewed by the Government after members of the defence bar staged a protest to push for changes.