A. J. Nicholson, Contributor
Nicholson
OVER THE past four weeks, the 'Jack of all trades' Opposition Spokesperson, Delroy Chuck, has submitted successive articles to The Gleaner concerning the delivery of justice in Jamaica.
His enumeration of the ills of the system, contained in those four articles, does not, and could not, take the issues any further. For, merely to regurgitate the well-known problems is little short of being tiresome.
The Government and citizens of Jamaica accept that the demand for the services of the courts islandwide has increased exponentially in recent years, significantly because of the spiralling incidents of violent crimes in our communities.
Added to the burden of the existing system of criminal and civil justice is the growing case load attributable to cross-border illegal activities and their offshoots.
Notwithstanding the increased demand for services, the physical infrastructure has remained essentially the same, over time, in some cases dating back to the 1880s.
Indeed, new facilities at Lucea, Port Maria and Montego Bay, for example, have been a response to the original buildings being destroyed by fire.
Demographic changes, particularly the increase in the island's population, and the geographical distribution, with increased urbanisation, have placed a severe strain on the existing justice system's infrastructure.
COMPREHENSIVE REFORM
For these reasons, and specifically because of the link between the proper administration of justice and the fuelling of economic growth and sustainable social development, the Ministry of Justice is currently leading a comprehensive reform of Jamaica's justice system.
This renewal will be based on best practices that are adopted from examples of our parent jurisdiction as well as other states within the Commonwealth which themselves are moving toward a more equitable model of justice delivery.
Such a comprehensive review will form the basis of a five-year development plan to implement the agreed recommendations that will emanate from such a review.
In the short to medium terms, however, the ministry's priority policies include:
Restorative justice programmes, with the victim of crimes being given a real voice in the administration of justice;
The development of appropriate legislation to enhance the judicial process;
Justice education and human rights protection;
The construction of new courthouses and the upgrading of the physical infrastructure of other courts;
Accelerating automation and modernisation of the judicial process; and
The introduction of improved security measures for the officers of the court, court records, and the physical facilities.
With minimal research and inquiry, Mr. Chuck and his fellow travellers, whose constant refrain consists of the ills of the system, could easily discover the initiatives that have been, and are being, undertaken with a view to realising the improvements that we seek to have in place.
It may be that they do not wish to know, or to accept the fact, that strong efforts are being made to meet the challenges that confront the system.
And so, let us examine some of these initiatives:
PHYSICAL COMPONENT
The ministry has recently secured land for the construction of a new Traffic Court and a new Coroner's Court for the Corporate Area;
Architectural plans are in place for improvement works to be carried out at premises at the intersection of Barry and Tower Streets in Kingston (previously the Chambers of the Attorney General) to provide for more court space and better accommodation for judges and staff at the Supreme Court;
Engineering and architectural plans are in an advanced stage for the construction of the Manchester Judicial Complex, just outside of Mandeville, on lands donated by the bauxite companies that operate in that parish;
Construction of a modern courthouse at Port Antonio is taking place, under a collaborative effort with the National Commercial Bank (Jamaica) Limited;
Sections of the Supreme Court are being renovated to provide for improved conditions in the area in which members of the public conduct business with the court;
The full computerisation of the Court of Appeal and the office of the Director of Public Prosecutions to be fitted with software for the term which begins in September 2006;
The acquisition of a new and more comfortable environment for the Corporate Area Family Court;
There has been refurbishing of several courts in the parishes during the past 18 months, for example, at Port Maria, Annotto Bay, Buff Bay, Manchioneal, Yallahs, Kingston Civil Court at Sutton Street, Gordon Town, Portmore Family Court, Frankfield, Chapelton, Malvern, Santa Cruz, Savanna-la-Mar, Withorn, Lucea, Green Island, Ulster Spring, Clarks Town, Claremont and Brown's Town;
Expanded computerisation of the Supreme Court.
ADDRESSING THE
BACKLOG OF CASES
Discussions are under way among the stakeholders for case management to be introduced in the criminal division of the Supreme Court;
The Circuit Courts sit continuously in Clarendon, St. Catherine and the Home Circuit Court;
The Western Gun Court sits continuously in Montego Bay;
The judges of the Supreme Court forego half of their summer vacation to deal with matters at the Home Circuit Court and Montego Bay.
TRAINING - JUSTICE
TRAINING INSTITUTE
The institute is now in the process of the training of court reporters for the introduction of this service in the Resident Magistrate's Court by September of this year to alleviate the taking of notes in long hand by the magistrates;
The institute has conducted, and continues to conduct, training of persons who serve in both the public and private sectors in anti-money laundering detection and investigation;
The institute conducts specialised training courses for members of the judiciary, resident magistrates, clerks of the court and court administrators.
FINANCIAL CONSIDERATIONS
Contrary to Mr. Chuck's assertions that no requests are made for funding, the ministry has been consistent in its representation for increased financial support for its programmes. This has resulted in a noticeable appreciation in the budgetary allocation to the Ministry of Justice for the financial year 2006 /07;
There has been a concerted effort to clear the backlog as far as the payment of judgment debts is concerned. That backlog has been substantially reduced to the extent that only awards handed down since 2005 remain to be paid.
Further, the budgetary allocation that has been made for this financial year is similar to that of last year, thus suggesting that the arrears can be even better addressed at this time.
Outstanding payments to attorneys-at-law under the Legal Aid scheme have been dramatically reduced. Up until recently, the public was hearing about figures of $30 million and $40 million being owed to attorneys. The current balance that is due to attorneys under the Legal Aid regime now stands at $6 million
FURTHER INITIATIVES
The Citizens Charter for the Ministry of Justice is to be launched later this month;
Work is far advanced on the development of a victims charter which is to be exposed to public scrutiny and suggestions, before it is submitted to the Cabinet in accordance with the instructions of the Prime Minister;
The development of a code of conduct for Justices of the Peace is extremely close to conclusion;
The justice education unit in the Ministry of Justice continues to develop and publish simplified explanations of more recent pieces of legislation so as to engender greater public understanding and awareness.
So, it is earnestly suggested that the time of Mr. Chuck would be far better spent in encouraging and assisting the initiatives being pushed by the Government through the Ministry of Justice in an effort to advance the necessary improvements which are required for an acceptable delivery of services in the justice system in Jamaica.
The continued repetition of all that is wrong with the system and, further, inane and untrue assertions, for example, that "With so many cases to try why are the courts, especially the Supreme Courts (sic) empty after midday on Wednesdays?" are not likely to be helpful.
Surely, inspirational leadership requires that solutions be sought to the challenges that we face rather than burying one's self in an 'oppose, oppose' intractable mode which can only be counter-productive.
Acknowledging and encou-raging the efforts of those who man the justice system, working in too many instances under trying circumstances, would certainly help to sow seeds of cooperation for achieving the timely delivery of the services within the justice sector.
The fruits of such efforts will, of course, take some time to be realised, but the constant bellyaching and discouraging attitude is, to say the least, tiresome, Mr. Chuck.
A. J. Nicholson, Q. C., is Attorney-General and
Minister of Justice.
