As I listened to the excellent address given by Acting Chief Justice Roger Hamel-Smith I couldn’t help but reflect on the low priority given to the issue of justice in this country. His frustration with the long delay in disposing of criminal cases gives hope that he would press the executive to do what is required on this issue. The need for more courts, judges and magistrates is glaring; ask any citizen about the seemingly endless cycles of adjournments before trial, delays in getting judgment after a trial and the bureaucratic inefficiencies that plague the administration of justice.
DPP Henderson candidly gave the reason for the spectacular collapse of several murder trials. He said “Quite a number of cases have collapsed because people are afraid of being killed or having their family members killed”
Where pray tell, is the long promised modern witness protection programme? Why are we now talking about electronic tagging of prisoners as if it is new technology when it has been in use for decades now in other countries? How can anyone respect the system of justice in the face of this? The system cannot protect victims or witnesses from harm. It cannot guarantee safety of life, limb and property in the face of the tsunami of crime. Gangsters are given multi-million dollar construction contracts by the government and treated as celebrities while law-abiding citizens are too petrified to react.
Public confidence in the administration of justice has been shaken by recent events. The tentacles of racial politics can easily reach into any institution in a provocative society such as ours. People however, enjoyed pouring scorn on the system because the occasion presented itself; but they did so because it was an opportunity to vent at a system that they felt had failed them.
The reason the public has lost faith in the justice system has less to do with the recent controversial events involving the Chief Justice and more to do with the fact that people feel the courts are too slow and ineffective. The recent events might have added fuel to the fires of discontent but the apathy pre-dated the suspension of CJ Sharma. People on the street care more about the fact that there is no justice to be had than they do about the perception of political interference. An ineffective system of justice that is susceptible to political influence is of no concern to the man in the street because its inefficacy is what stands out and affects him the most.
The role of the judiciary in dispensing efficient and effective justice cannot be underestimated. It must be given sufficient resources to deliver this precious commodity. The judiciary has been working hard and coping with far too much for too little, for too long. By and large, our judicial officers are fair and independent. The critical support services in the administration of justice have failed and the system has taken unfair advantage of the few brave souls that sacrificed the luxury of a lucrative private law practice in the interest of making a contribution to their country.
The attempts to change the system have had some measure of success but the pace is still too slow. As fast as the backlog of the past is being cleared, a new one if quietly filling the void as new cases are being filed every day. Without more judicial officers and courts and properly resourced support services, there will be no net gain.
Where is the urgency on the part of the state to help the judiciary deliver justice on a timely basis? Why could the Chinese not be put to build the long overdue new San Fernando Magistrates court instead of the PM’s residence? With money aplenty, why is the state taking so long to appoint new judges and magistrates? Why is the backlog at the Forensic Sciences Centre still causing endless adjournments of criminal matters? Why is the probation department so understaffed? What about night court? Why can the judiciary not promise citizens judgment within six months after the completion of a trial?
New high-rise buildings, a diplomatic centre, Prime Ministers residence, stadium and costly colourful advertisements took precedence over the children that are forced to go to school under hot tents, the sick and elderly who are forced to sleep and die on the floors of our hospitals, the repair of dilapidated police stations and the need for new courts and judges. If this is the evidence that we’re well on the road to achieving vision 2020 then I dread looking into Mr Manning’s time machine to see what our future looks like.
by Anand Ramlogan 2007-09-23