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Stabroek News

GLEANER EDITORS' FORUM - No order in court! - Archaic procedures contributing to massive case backlog
published: Wednesday | May 7, 2008

Tyrone Reid, Enterprise Reporter


Left: We need to get rid of those antiquated things. You need to have more judges - S c o t t. Right: There is a perception that the system is rather antique and is resistant to change - Y e t m a n

Major stakeholders in the justice system believe that several archaic practices are partly responsible for the modern-day backlog of court cases.

During an Editors' Forum yesterday on justice reform at The Gleaner's North Street offices, downtown Kingston, human rights lobbyists and legal minds said century-old procedures needed to be expunged from the system in short order.

Long-standing procedures

Justice Hugh Small, who chaired the forum, told the gathering that some of the current structures and procedures were more than 150 years old and Walter Scott, attorney-at-law, recommended that some of the archaic practices be abolished.

"We need to get rid of those antiquated things. You need to have more judges," stressed Scott.

"We operate in a system that was in existence before Hugh's (Justice Small's) father was on the high court bench."

He added: "So, for example, we have a long vacation between the end of July and the 15th of September when the Supreme Court basically locks down, apart from emergency matters."

Scott continued: "At time, our judges needed to take a steam ship to go back to England for their vacation and come back; we don't need that anymore."

Devon Yetman, chairman of human rights lobby group, Jamaicans for Justice (JFJ), said there was a view that some players in the system have been resisting moves to modernise the justice system.

"There is a problem of administration. There is a perception that the system is rather antique and is resistant to change," he said.

Repeal the circuit court system

Scott also argued that the circuit court system needs to be repealed, as it will not suffice to provide the much-needed court services on a rotating basis.

"It can't be that you go to a parish like St Ann, that has a fairly high crime rate, and the judge is going to spend three weeks or six weeks in the term that runs from January to March and then three weeks or six weeks in the term that runs from right after Easter to the 31st of July and then three weeks to six weeks again in the term that runs from September to Christmas," he said.

Scott was adamant that the country does not need these terms that currently divides the judicial calendar. Such changes, he said, are inexpensive means of speeding up the justice system.

"A lot of these things- apart from the provision to pay for more judges- you don't need money to do them," he said.

tyrone.reid@gleanerjm.com

A snapshot of case backlog

  • Home Circuit Court

    625 cases listed for trial and 149 cases disposed.

  • Rural Gun Court

    474 cases listed for trial and 196 disposed

  • Regional Gun Court

    (St James, Hanover, Trelawny and Westmoreland)

    291 listed for trial and 225 disposed

  • Corporate Area Gun Court

    3,687 cases were pending and 984 new cases were added for the period; 516 of these cases were disposed.

  • - Source: Annual Report of the Office of the Director of Public Prosecutions for the period April 1, 2005 to March 31, 2006

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