Daraine Luton, Staff Reporter
Morant Bay Courthouse since the fire that burned it to the ground with some of the court files still inside. - Ian Allen/Staff Photographer
FOURTEEN MONTHS after the historic Morant Bay Courthouse was destroyed by fire, case files which survived the blaze are still heaped on the ground inside the burnt-out shell.
This is despite suggestions from a renowned jurist that archivists be asked to recover the documents that survived the February 19, 2007 fire. Justice Hugh Small told The Gleaner he brought the matter to the attention of a senior judge in the Court of Appeal who promised to bring the matter to the attention of the permanent secretary and the chief justice. But to date, nothing has been done.
Explaining the importance of the documents, Small says they are a direct link between events "both civil and criminal" and people's lives.
Very important documents
"Court documents are very important. There are people who may need to defend their good character (which was) vindicated and the court documents contain that proof," said Small.
On a recent visit to the site of the burnt-out courthouse, The Gleaner dug through the pile and observed that although some records were badly burnt, several others were legible. Yet, Carol Palmer, permanent secretary in the Ministry of Justice, insists that "the records that were recoverable were retrieved almost immediately after the cooling-down operation by the fire service (and) have been stored away under the supervision of the court."
The Gleaner observed several case files dating back to 1968 and as recently as 2006. But Palmer says: "The Ministry of Justice is not aware of any files still lying around at the courthouse."
Meanwhile, it is not just the court documents that have seemingly been relegated to distant history. The burnt-out building appears to be the home of stray animals and the homeless, evidenced by human faeces and clothing strewn in the building.
It appears that Government has no immediate plans to restore the courthouse which is considered to be one of the most historic seats of justice in the English-speaking Caribbean.
There is no allocation in the 2008/2009 Budget for the restoration of the courthouse, which was the scene of the famous Morant Bay Rebellion in 1865. Despite a substantial increase in the allocation to the maintenance of courthouses and judicial residences over last year's provision.
Increased expenditure
Over $437 million has been earmarked to be spent on courthouse and judicial residences this year, up from $289 million last year. The increased expenditure, when adjusted for 20 per cent inflation, is $118 million. This amount is expected to take care of the refurbishing of the Balaclava and Cambridge Resident Magistrate's courts and the refurbishing of the coroner's and traffic courts in Kingston.
In justifying the non-allocation of funds for refurbishing the Morant Bay Courthouse, the justice ministry says: "(It is) now under the control of the Jamaica National Heritage Trust as it is a heritage site. Consequently, the trust has full responsibility for its restoration and only that entity can respond to the matter of budget allocation."
A total of $13 million has been allocated in the budget for the National Heritage Trust to restore buildings, but in the 2008/09 Estimates of Expen-diture no allocations went to this area, indicating that the money will not go to the Morant Bay Courthouse.
In addition to the courthouse needing immediate attention, the statue of National Hero Paul Bogle, which stands out front, is also in disrepair. Bogle and fellow National Hero George William Gordon, along with 437 others, were hanged for their part in the rebellion. They were buried at the back of the courthouse.
daraine.luton@gleanerjm.com
Court documents which survived a fire at the Morant Bay Courthouse in St Thomas last February are still idle in the burnt-out building, despite the Ministry of Justice claiming that the documents have been recovered. - photos by Ian Allen/Staff Photographer
