The realities of the conditions that plague the island’s justice system and the conditions under which judges work were highlighted at the opening of the Michaelmas session of the St Ann Circuit Court on Monday, October 10.
Defense attorney, Linton Gordon, while welcoming presiding high court judge Justice Viviene Harris to the parish, said that “it was unfair to say that the judges weren’t putting out their all.”
The comments by Gordon came against the background of recent criticisms made in the media by several individuals and groups, including the Jamaica Bar Association (JBA) and even minister of justice, Delroy Chuck. They all argued that the judges were not handing down judgments speedily.
“I have never seen a judge not take charge of the list,” Gordon said, in his address on behalf of members of the Private Bar in St Ann. He pointed out that in St Ann, the justice system has been hampered by the closure of “fifty percent of the courts.” This he said had frustrated citizens and caused judges in the parish to work overtime.
There were initially six court houses in St Ann, but the Cave Valley, Moneague and Ocho Rios courthouses have since been closed, he said.
THE CRITICS
Gordon went on to explain that those who lived closer to the borders of St Catherine and Clarendon have to travel far distances to access justice in St Ann’s Bay, Claremont or Brown’s Town. “Some of them don’t even want to participate in the system, because they become so frustrated,” Gordon lamented.
Gordon also highlighted the challenges the police were facing in terms of man power and vehicles, especially to transport prisoners to court.
“We need more judges and better facilities,” Gordon said.
He added that despite the challenges, the private bar would work along with the prosecution in reducing the court list, but added that they (attorneys) had a duty to take instructions from their clients.
ONE HUNDRED PLUS CASES
One hundred and one cases are set to be tried in the four week sitting of the circuit that will run from October 10 to November 4.
Of the 101 cases, 58 were circuit court matters, while 43 were gun court matters.
The statistics for the circuit matters include: murders – eighteen; causing death by dangerous driving—eleven; rape — eight; sexual intercourse with a person under the age of sixteen – four; three each for wounding with intent, possession of identity information, and carnal abuse; sexual touching- two; and one case each for buggery, grievous sexual assault, kidnapping, causing grievous bodily harm with intent, obtaining property by false pretense and manslaughter.
In response to attorney Linton Gordon’s address, Justice Viviene Harris explained that judges are accountable to the people they serve. She also explained that when they are sworn, they bear allegiance to the laws and the constitution.
“Accountability goes on hand in hand with resources… The blame game that is going on it is counterproductive… Those with the money must put the money where their mouth is and then they can call for accountability,” Mrs Justice Harris argued.
While not giving statistics, she said that there were several cases in the system, but judges were making the sacrifices.
“Judges work during the week from 10 a.m. to 4 p.m., but when they should be home sleeping, they are writing judgments at nights… Some judges even sacrifice some Sundays when they should be at church and write judgments,” she added.
Mrs Justice Harris explained that in the Supreme Court, judges were sharing court secretaries and there had not been an increase in the number of judges appointed to the Supreme Court since Independence.
“Mathematically judges would be required to work 100 hours per day to make any significant dent in the court system,” she posited, while adding that the judges were doing their best even though it might not have been as successful as others wanted.
She went on to express confidence that a significant number of cases would be disposed of during the four-week sitting of the circuit court. She committed to getting rid of “ten cases per week.”
Meanwhile, assistant director of public prosecution, Maxine Jackson also pledged to working together with the members of the private bar in disposing of the cases.
She highlighted that the four weeks were indeed a short time to dispose of the cases and called for new court rooms to be established so that more judges could come to the parish. Crown Counsel Kadeen Barnett will also be assisting with the prosecution of cases for the duration of the circuit.
