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In a fiery interview on Freedom FM, prominent defense attorney Chesley Hamilton launched a scathing critique against the Drew administration and Attorney General Garth Wilkin over the recent introduction of the Judge-Only Trials Bill. Hamilton described the bill as a dangerous regression of democratic rights, particularly the fundamental right to be tried by a jury of peers, a principle that has long been at the heart of St. Kitts and Nevis’ justice system.

Speaking with passion and conviction, Hamilton highlighted the historical significance of jury trials, tracing back to colonial times when only white men and certain property-owning individuals could sit on juries. He argued that the introduction of universal suffrage had been a hard-fought victory, allowing ordinary citizens to be judged by their peers, regardless of class or race. He lamented the new law, asserting that it takes the nation backwards.

“We’re moving now, and we’re taking that universal right from being tried by a jury of your peers to go back to the days when the crown decided that the judge is the only person who could try you and even hang you,” Hamilton declared. He strongly condemned the Labour government’s decision to table the bill on Emancipation Day, calling it a blatant reversal of rights that had been historically won by the people.

Hamilton went on to argue that while judge-only trials might be appropriate in some cases—such as those where a legalistic defense might not be understood by a jury—the option should always remain with the accused. He provided examples, including defenses like sleepwalking or battered wife syndrome, where a judge might be better equipped to comprehend the nuances of the case. “It should be an election of the accused,” Hamilton insisted, stating that individuals should have the right to choose whether they are tried by a jury or a judge.

The veteran defense attorney also expressed concerns about how the new system could potentially erode due process, pointing to the removal of preliminary inquiries, the reliance on hearsay evidence during committal hearings, and the risk of bias in small communities. “In a small society, it may be difficult to get a fair trial because the jury is already tainted, but that choice should lie with the accused—not be imposed by the state,” Hamilton stated.

He accused the Labour government of stripping away rights that the party had once fought to secure, drawing parallels to past colonial struggles. “If this was a previous government, they would have said the plantation class is giving back power to the plantation owners and colonialists. I am not afraid to lay this at the foot of a Labour government that has gone and said, ‘Take rights back from the people.'”

The Judge-Only Bill was passed in Parliament this past week, sparking widespread debate and raising concerns over the erosion of democratic safeguards. Many are now questioning whether the bill will serve the interests of justice or simply tip the scales in favor of a system that could potentially undermine the rights of the accused.

As the debate continues, Chesley Hamilton’s passionate remarks have brought the issue to the forefront of national discourse, and many are now looking to see how this change in the legal system will affect trials and justice in St. Kitts and Nevis going forward.