Some 70 circuit court cases and another 38 gun court matters are listed to be heard during his session of the St. Ann Circuit before high court judge Lloyd Hibbert. And, with one week already gone and only one trial nearing an end when court adjourned last Thursday, ahead of the Labour Day holiday and the weekend, one has to wonder how many of the over 100 cases, will be disposed of. When the court started on Monday, May 19, three cases — a murder, carnal abuse and a rape case were listed for trial. None of those cases started. There were various reasons for this, including the unavailability of at least one defense lawyer, who the court was told was involved in a matter in the Home Circuit Court in Kingston. Mr Justice Hibbert sent home the jurors early. Several other cases were however mentioned and new dates agreed to by defense lawyers and the prosecutor. So court adjourned early afternoon. Things were expected to change on the second day where only three cases were listed on the court sheet. Two were for the gun court and the other a buggery case for Circuit. The court room was packed with jurors, many seeking excuses from jury duties, others just wanting to know if their services would be needed. However, none of the three cases was dealt with for various reasons. In the gun court matters, one was struck off the list, because the accused was deceased and in the other the prosecution needed more time. The investigating officer was absent and witnesses had not been warned for court.
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In the sole case which needed jurors, Mr Justice Hibbert had to rise early into the start of court because neither of the two lawyers — Susan Hill and Christopher Nathan — representing the two accused men, was present. The prosecution was ready. They had three witnesses and the court was full of prospective jurors. (Blurb))) Justice Hibbert made known his intention of empanelling the jury in the absence of the lawyers, but opted instead to rise for short while, allowing the lawyers more time to arrive at court. When court resumed, about fifteen minutes later, only one of the lawyers, Ms Hill, turned up for court and she was the bearer of bad news. She told the court that her colleague had left the island the evening before. She couldn’t say if it was an emergency. The lawyer would be gone for two weeks.
SHOCK AND DISQUIET
Mr Justice Hibbert was more than peeved. Court staff and other persons in court were shocked. There was disquiet among the jurors. Understandably so, since the lawyer was in court the day before and did not notify the court of his intention. Mr Justice Hibbert described the attorney’s action as not only disrespectful to the judge but also the jurors, some of whom he said have great difficulty getting to court. Yet they were present. Nathan, through his colleague, wanted the case traversed to the next sitting of circuit in October. Not so, said the judge and the matter was set for June 4. Justice Hibbert also made it clear that if the lawyer failed to show on June 4, he will make the appropriate comments to the General Legal Council, the disciplinary tribunal for the legal profession. And so, the court adjourned, at 10:50 a.m and jurors, for the second consecutive day, were sent home early. Some progress was made on Wednesday when the court started a wounding case. Seven jurors were selected, the others again sent home until Monday, May 26. The wounding case continued until court adjourned on Thursday after the prosecution and defense presented closing arguments. So, after four days of court during the first week, 14 cases set for trial during the first week between the Circuit and the Gun Court only one trial got off the ground, one has to wonder if justice will again be delayed for those with cases lingering in the court.
