Daraine Luton, Staff Reporter

Malahoo Forte: I think the legal profession has been relegated to a hustling. - Ricardo Makyn/Staff Photographer

The president of the Resident Magistrates' Association has blasted some of the island's attorneys, labelling them 'hustlers'.

Marlene Malahoo Forte, who sits in the Corporate Area Resident Magistrate's Court, yesterday told a Gleaner Editors' Forum at the newspaper's North Street office in Kingston that lawyers were largely responsible for the wide-scale breakdown of the justice system.

"I think the legal profession has been relegated to a hustling," she charged.

According to Malahoo Forte, some lawyers often come to court unprepared, while many others book two or more cases for the same time, ultimately delaying court proceedings as they are unable to appear in two places at once.

"I think they do not understand their obligation to the court and to their clients and it is unfortunate," she said, while suggesting that the manner in which the profession is regulated be urgently reviewed.

"I am yet to see counsel come to court without thinking generally that there is the right to an adjournment," she said.

Lack of professionalism

Malahoo Forte continued: "The truth is that some of them are just lazy and don't want to work," arguing that the "unbelievable" lack of professionalism displayed by some attorneys contributed to the unacceptable backlog in court cases.

The forum, attended by influential stakeholders in the justice system, was organised to facilitate continuing discussions on justice reform.

During a similar forum held in May, participants pointed to the archaic procedures of the court as a factor contributing to the backlog.

Carolyn Gomes, executive director of human rights group Jamaicans For Justice (JFJ), said her organisation had observed defence lawyers working several cases on the same day, running from courtroom to courtroom.

"We have had the experience of quadruple bookings, quintuple bookings by lawyers representing people in the court," Gomes said.

As a result, she said cases are held up and witnesses become frustrated and leave the court, in some instances never to return.

Lawyers are not to blame

( L - R ) Mcfarlane, Llewellyn

However, attorney-at-law Lloyd McFarlane rebuffed the claims, arguing that defence lawyers should not be blamed for the delays in the system.

He said recent research suggested the vast majority of adjournments of criminal cases in the Supreme Court were at the behest of the prosecution.

"This bogeyman that has developed over the years of blaming defence counsel, and we are hearing that we are even lazy, has not been borne out by the actual facts that we found," McFarlane said.

Director of Public Prosecutions Paula Llewellyn said it was important that data be collected to identify trends and reasons for the delays in the system.

Meanwhile, Malahoo Forte insisted that the justice system renewal would not be achieved until the police consistently investigate and prepare cases properly. She also said more needs to be done for witnesses to feel secure.

daraine.luton@gleanerjm.com