Delroy Chuck
A.J. NICHOLSON is a shining example of ministerial failure. The Ministry of Justice, under his stewardship, is unworthy of its name. Throughout the nation, citizens perennially cry out for justice and the typical response of the minister is a deafening silence. Hundreds of our citizens are abused and experience grave acts of injustice weekly, and are further frustrated and disappointed when they seek redress through our state institutions, yet the response
of A.J. Nicholson is to urge critics to stop repeating the many failures and weaknesses in the
justice system.
In his contribution to The Sunday Gleaner's editorial page, May 7, the honourable minister criticised my last four columns for regurgitating 'the well-known problems'. Yet, after nearly 17 years in public office, he proffers no worthwhile and immediate solutions. In fact, it seems that the ministry is only spurred into action after a disaster. Thus, he admits that 'notwithstanding the increased demand for services, the physical infrastructure has remained essentially the same', but new facilitiesare built when the original buildings are destroyed by fire, which occurred at Lucea, Port Maria and Montego Bay. Amazingly, the minister further admitted that only now is the ministry currently leading a comprehensive reform of Jamaica's justice system.
FIVE-YEAR DEVELOPMENT PLAN
"Such a comprehensive review," the minister promises, "will form the basis of a five-year development plan to implement the agreed recommendations that will emanate from such a review." What are we to make of the minister's promise of more promises? The Jamaican Bar Association, in its report of the council for the period ending April 2006, page 6, notes correctly: "We are accustomed to hearing and receiving promises (from the minister). They have been given before resulting in zero." Actually, a comprehensive review of the justice system was done. Between 1990 and 1994, under the Sustainable Justice Improvement Programme, financed by the Government of Jamaica and USAID, over US$20 million were spent to study and improve our justice system, but to what effect? Ten years later, the justice system is worse than before, and six or more volumes of reports are probably filed away or lost. I still have
my copies, as many of the recommendations are still awaiting implementation.
The problem of this government is that it constantly mistakes talk for action. Its spokespersons passionately promise, pronounce and pacify the people, and believe they have done their duty. Instead of getting on with the job - manage and implement, improve and provide better services, get things done and show results - nay, it is better to con and sweet talk the people, who sadly swallow much of the nonsense. In his Sunday Gleaner contribution, the minister enumerates 29 bullet points, virtually all of which are promises of things to be done, are being done or will be done.
PLANNING STAGE
Thus, one may be misled in thinking something is being done when, on careful reading, it is still in the planning stage. The minister writes: "Architectural plans are in place for improvement works to be carried out at premises at the intersection (sic) of Barry and Tower streets in Kingston (previously the Chambers of the Attorney-General) to provide for more court space..." The minister may not be aware that Barry and Tower streets run parallel to each other and parallel roads do not intersect. So, the ordinary citizen would surely not know which premises the minister is talking about.
The delivery of justice is in crisis and for which failure the Ministry of Justice is largely responsible. There is a crisis of confidence in the very institutions that uphold the rule of law and which are so fundamental to our people's peace of mind. There is public cynicism that the justice system can give them a fair hearing and in a timely manner. The people of Jamaica deserve better. They deserve justice and fair play. But, they will not get it under this administration and this minister. In a nutshell, A.J. Nicholson has become irrelevant. His contribution in The Sunday Gleaner is a timely reminder of the late Hugh Croskill's depiction that A.J. is an 'intellectual lightweight', and many commentators believe Hugh was being charitable.
Delroy Chuck is an attorney-at-law and Member of Parliament. He can be contacted by email at delchuck@hotmail.com.
