Viewpoint: Extravagant Court Fines by James R. Harrigan

The hue and cry all around us these days is that “things are hard and times are tough”. The whole world is threatened by the severity of hard times which are wreaking havoc on a shifting stage of critical economic uncertainty. Wall Street indicators and money markets all around the globe are at a dire all time low.
Demonstrations against a rising lack of employment in the U.S., especially, seem to be the order of the day as more states join the fray for unemployment picketing. Who would have ever believed the day would come when, in the land of opportunity where the American dream comes true, there would be unemployment dilemmas.
We in these parts who depend so much upon tourism as our prime source of survival, should know that potential tourists would be reluctant to travel if unemployment rates are not reduced in the U.S. which still remains by far our most lucrative tourist market. People are watching the state of the global economy very closely. And over in the eastern hemisphere, while European countries become fearful over the domino effects of failing economies all across the continent, the vital banking industry experiences more trouble with every passing day.
Here at home, it goes without saying that we are experiencing the somber impact of this worldwide economic crisis. Since we depend largely on the “outer world” we must feel the effects. Many of us have been complaining, for some time now, but while some of us envisioned it coming, others were oblivious to any possibility that the kind of economic boom which we were enjoying not too long ago could deflate into such an ebb of economic despair.
Because the wheels of our economy have ground to a virtual standstill, our people complain about a lack of employment which in turn results in a lack of personal spending power. Money today is hard to come by. Many of our people are unemployed. The effects of this adverse scenario are felt by certain local businesses which are literally struggling to keep their doors open. Why? Because the level of customers who use to frequent the stores have fallen dramatically. For the most part, Anguilla’s affluent way of life, as we knew it three or four years ago, is now history – history like the old three-rock fireplace in a rustic back-yard. But we still hope that this coming Christmas would be just as merry without the money as it has been in more prosperous years.
All that being said, lately I have been pondering with regard to those insensitive laws that are on our judicial books, particularly the fines that are legislated for select “crimes”. I am convinced that certain fines for misdemeanor offenses should be revisited and adjusted to suit these periods of economic stress. Shouldn’t a nation set its range of judicial fines in accord with the affluence or wealth-structure of its people? When budgets are drafted and potential income from criminal fines are estimated, shouldn’t the state of the economy be considered? And if the people are destitute, and lacking as far as personal income is concerned, how can they still be expected to meet the demands of the court? Granted, the only other option then may be to take the alternative to the fine, and serve time in prison. And as the court continues to make such stringent demands on our otherwise law-abiding people, those “innocent offenders” who happen to get caught without the slightest intent of violating the law become the unfortunate public victims.
I agree that there are some hard-core reckless people out there who deserve to learn a hard lesson when they are proven guilty in court. Depending on the nature of the crime committed, certain criminals need to pay, or to be put away. But as I read the Police Report occasionally, I am made to wonder why our judicial system takes it upon itself to list in the papers such minor offenses with all those outrageous fines. Perhaps if I didn’t experience this personally, I might not have been so moved by this unfair practice. But I think my personal experience serves as an ideal “case in point” that supports my concerns for our people in these unfavorable economic hard-times. Check out my experience:
During the latter part of last December, I was traveling east to west in South Hill one night, after our church’s Christmas concert, when all of a sudden the Dodge Ram bus that I was driving was struck on the rear bumper by a small private car. While not even the lightest damage occurred to the bus, the hood of the poor car was folded, the radiator was emitting its steam, and the distraught female driver, so shaken up and perplexed, decided to notify the police so that she could obtain the necessary police statement for repairs by her insurance. The accident was caused by an insensitive driver just ahead of the bus, who suddenly stopped without any kind of signal and quickly turned right off the main road, causing me to apply brakes rapidly.
With a bus full of anxious youngsters on board, I waited patiently for the arrival of the police, while chatting with the bewildered car-driver, convinced that the outcome of the incident would be no big deal as far as I was concerned. It was not long before two police officers arrived. I confidently submitted my valid driver’s license under routine requirements, but then I realized the insurance papers for the bus had been at home. When I checked the document for presentation within the allotted 24-hour period, I was distressed to discover I had failed to renew the insurance for the year. Oh shocks!
Well, to make a long story short, it turned out that I was summonsed to court on June 6th 2011 and slapped with what the magistrate considered a “gracious” fine of EC$3,500.00. Embarrassingly enough, though, my full identity and my “crime” were reported on the pages of this paper’s Police Report. I thought the exposure was intended to compound my penalty, for everybody was sarcastically asking, “Boy, dah you in di papers?” Yes, it was me, the pastor of No-Walls Church, still in human form, and subject to the dictates of the law. I therefore decided to take a sabbatical from writing on any issue until I had met my obligation to pay my dues.
I realize that the fault was mine, and that I had ignorantly, but unknowingly, committed an offence against the law. All humanity is regulated by laws, and I am no exception. None of us is exempted. And though we would desire mercy and reprieve upon contravention of any law when we are cornered by those who enforce it, still the consequences of our actions must be paid. Unfortunately, the law is as such. But isn’t it insensitive of our system to impose such hefty fines in these critical times when they are people who can hardly find the financial resources to support their families? How much could I have done with EC$3,500.00? By the way, I was blessed to pay it all from my own pocket, instead of passing the burden on to the church to which the bus belongs.
Apart from me being charged such a hefty fine, lately the lady whose car was damaged was summoned to court as well, on October 3rd. Even though I had no need to press charges, since the bus didn’t even sustain the slightest scratch, the prosecutor brought a crucial case against her. At the end of the trial, she was fined EC$2,000.00 for driving “without due care and attention”. That was the case even though she endured the headache of repairing her car with her own resources, seeing that my insurance was regretfully not valid. And because I advised her to request from the authorities that her name be exempted from last week’s Police Report, fortunately she was gracefully spared the humiliating embarrassment.
There is an old adage which says, “accidents don’t just happen, they are caused”. Though the driver who actually caused the accident fled scot-free, two of us were left to “hold the bag”. We got the blame! Accidents can happen to the best of us. Whether we claim to be careful drivers or not, things happen on the road, folks, and especially in these critical times, the law is not kind. Whether you consider yourself innocent or guilty in an accident, chances are that you’ll face a heavy fine. But wouldn’t you think that it is time enough that the persons who are put in charge of representing us as a people take some initiative to look into the scourge that results from these unfair advantages taken by the judiciary? Let’s ponder it and take some action. God bless, ‘til next time.