Civil vs. Criminal Law
Following the government’s decision to settle the civil case regarding the death of Cjea Weekes, public discourse revealed significant confusion regarding the distinct tracks of the justice system.
Lawyer Jomo Thomas utilized a recent platform to clarify the strict legal boundaries between civil and criminal cases, specifically addressing why the Attorney General can settle some matters while others remain rigidly in the courts.
In a civil case, such as the wrongful death claim filed for Cjea Weekes, the objective is to determine liability; if found liable, the defendant in this case, the state, represented by the Attorney General is required to pay monetary compensation.
Conversely, criminal cases are entirely under the jurisdiction of the constitutionally independent Director of Public Prosecutions (DPP).
Criminal cases carry the weight of a criminal record and the potential loss of liberty, such as jail time.
Thomas used the ongoing case of Adriana King to illustrate this divide.
The public has questioned why the government does not simply settle King’s case as it did with Weekes.
Thomas explained that King is facing a criminal charge for allegedly blocking the prime minister in 2022, meaning the Attorney General has no legal authority to settle or dismiss it.
While politicians can have conversations with the DPP, they cannot constitutionally direct the DPP to start or stop a prosecution.
Although the magistrate initially threw King’s case out as an abuse of process, the DPP appealed the decision, keeping the matter firmly within the criminal justice system, Thomas said.