From the Pedestal
Dear Editor,
I am not a lawyer, I am an educator, and a very concerned Sint Maartener. In my postgraduate leadership training, I learned much about observation and unconsciously I practice it every minute of the day. I walk into a room and see everything at once because I am always alert and I want to share an observation that annoys me somewhat.
It has been a while since I attended a court session at the Courthouse in Sint Maarten. It was on a Wednesday morning in March and the case I attended was already in process.
I listened carefully to the defense presenting their viewpoint and as intrigued as I was with the information presented, I realized that I was constantly distracted and forced to reset my attention to what was being said. The distraction came from the fact that the Public Prosecutors (two) were constantly giggling with one another, with exchanges between them that seemed to have nothing to do with the presentation of the defense. I assumed this was not about the case as they never put pen to paper, which would have been something one would do when an opposing view is presented.
This behavior carried on for a while. The Judge allowed this to occur, maybe because he did not see it, or he was focused on the defense and could not see what was happening at his immediate right, but as I stated earlier, I am an observer.
This situation made me wonder what the Judge would have done if it had been the attorneys engaging in this type of behavior. Surely the seating arrangement would have been the basis for such behavior not to be missed by the Judge.
This brings me to the seating arrangement in our Court. The Public Prosecutor is seated to the right of the Judge and at the same table, and any one viewing this arrangement could assume that this/these persons function in relation to or by extension of the Judge. The seating arrangement gives reason to assume that the Public Prosecutor takes in a position elevated above the attorneys who present the defense. This arrangement is literally seen as though the Public Prosecutor shares the elevated pedestal with the Judge. All looking down on the defendant and the defense attorneys.
My understanding is that the Public Prosecutor must make the case, not just state it but bring forward the evidence to support it. It means that the Prosecutor just like the defense has to put on a fight in court to ensure that the court gets that conviction that this position is proven.
If both parties have to fight to get the conviction of the Judge, why is one placed below and the other placed next to the Judge? Is the message not sent that one on the right of the Judge is easier believed than the one below who has to try so much harder just by the fact that they are not on equal footing from the start.
I am an observer, but this is my analysis during this case. The fact that the Public Prosecutor seemed to be permitted to disrespect the court bothered me and distracted me, and probably distracted the Judge as well.
As an educator, I feel that if I am in charge of a space, no one will disrespect that space in my presence and I would have to call them out on it. I do not understand why the Judge allowed this and why the Public Prosecutors felt comfortable enough to display this behavior so flagrantly.
I believe that the seating arrangement is the cause of the Judge not seeing all that is happening around him in his own court room and much slips because the Public Prosecutors are not seated before or in front of him as the attorneys are.
I can imagine how difficult lawyers have it to convince a Judge because they already start from a disadvantaged premise. As an observer I did observe other points such as the Public Prosecutors having the advantage of hearing all witnesses they wanted, but that same privilege is not granted to a lawyer who is making a defense.
With all that I have experienced and observed in the last year and months on Sint Maarten, I wonder about the Justice system and question if we are equally served from that pedestal? I question so many areas within the system.
When someone has to appear in court, no matter how small or big the case may be, that defendant is fighting for his or her life, freedom, reputation, and name, and Mr. Judge, giggles and chit chats during the court sessions are offensive and disrespectful in this matter, because it can hinder the fairness and integrity of our Justice system.
Let me conclude by saying that it may be time to take a second look at the Pedestal from which Justice is served.
Josianne Fleming Artsen
