Tuesday, August 01, 2006

the man who made Jamaican courts recognize Rastafari as "religion"

http://www.jamaica-gleaner.com/gleaner/20060512/lead/lead6.html

Public Defender to demit office in June
published: Friday | May 12, 2006
Jamaica Gleaner

PUBLIC DEFENDER Howard Hamilton is to demit that office on June 9.

According to Mr. Hamilton, who turns 70 on that same day, there are no indications yet as to who will replace him.

In the meantime, Mr. Hamilton said he was pleased with the work of those employed to his office in defence of citizens whose constitutional rights have been infringed by agents of the state.

"One legacy I want to leave is that my successor will have a public relations system so the public will know what is being done," he said yesterday morning on 'Independent Talk' on Power 106 FM.

Mr. Hamilton was appointed the first Pubic Defender on April 14, 2000, the same month the office was established.

REJECTED CLAIMS

Meanwhile, he has rejected the Opposition's claims that the performance of his office has been disappointing.

Speaking in Parliament last week, Opposition Leader Bruce Golding said that for the six years the Office of the Public Defender has been operating, it had only brought before the court three cases of constitutional rights breaches against agents of the state.

The Opposition Leader also said the Public Defender was not strident in his role to protect the rights of the people.

Mr. Hamilton, however, argued that such claims are untrue.

"Somebody, when he was speaking, should have pulled his coat-tail and said 'Listen Bruce, that cannot be right'!" he said.

Mr. Hamilton added that, since his office was established, the Government has been made to pay more than $60 million to citizens in compensation for breaches of their constitutional rights by agents of the state.

CASES DISCLOSED

Outlining the cases, the Public Defender disclosed that 19 cases were filed following the 2001 massacre in Tivoli Gardens, western Kingston, where members of the security forces allegedly killed 27 people. He also said a case had been filed on behalf of a couple whose child died under questionable circumstances in a hospital. The Office of the Public Defender also succesfully brought action leading to the acknowledgement by the courts of Rastafarianism as a religion.

Mr. Hamilton said cases are brought to court only when negotiations break down. He added that, for security reasons, when settlements are reached the affected parties often ask that they are not publicised.

He also said his office initiates cases on behalf of citizens based on its own observation that their constitutional rights have been breached.

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