Challenging year for the judiciary

THE NEW law term opens tomorrow with the usual pomp and pageantry. But interesting times are ahead in the coming year. Trinidad and Tobago and the rest of the Caribbean will be opening a new chapter where the judiciary is concerned. The long-awaited Caribbean Court of Justice (CCJ) will be inaugurated on November 15 in Port-of-Spain. Trinidad is the headquarters for the CCJ. While most Caribbean countries are ready for the giant step, Trinidad and Tobago may be caught in the slips. Attorney General Glenda Morean-Phillip is yet to bring the legislation to Parliament which will allow TT to have the CCJ as its final appellate court, leaving the Judicial Committee of the Privy Council behind.

With this session of Parliament coming to an end, the legislation governing the CCJ will not be laid before the end of September. And with the 2003-2004 Budget presentation coming in the new session, time will be running out for the Government. The Patrick Manning administration will need the support of the Opposition UNC if Trinidad and Tobago is to have the CCJ as the final appellate court. The UNC is already on record as saying that it will not support the legislation unless there is constitutional reform. It was the UNC Government in 2001 which signed the treaty for the establishment of the CCJ...and in Port-of-Spain too. The Barbados Chief Justice Sir David Simmons has already indicated that the rest of the Caribbean is moving ahead with the CCJ and if TT doesn’t get its house in order, we will be left behind. The next three months will be crucial for the future of this country’s judicial system.

Chief Justice Sat Sharma will address the gathering at the Hall of Justice tomorrow to mark the formal opening of the law term. It will be the second time that Sharma will address the opening of the law term since his appointment in July 2002. It is expected that the Chief Justice will use this forum to highlight the problems in the judiciary over the last year. While he will focus on the positive aspects of the judiciary, he will certainly use the opportunity to address some of the ills. One of the major issues for him has been the Magistracy. The burning problem has been the condition of court buildings. Since his appointment, Sharma has been vocal on the conditions under which magistrates and staff have had to work. Despite his ranting, the situation remains the same with the dilapidated conditions.

The San Fernando Magistrates’ Court has been in a terrible condition for a long time. The AG paid a visit to this building months ago, promising action. But the staff and magistrates are still waiting for relief. One never knows when a pigeon will release its droppings on a magistrate. For years, both staff and the public have been enduring stress when they use the Chaguanas and Arima Courts. These buildings are so outdated that a disaster is waiting to happen. Not too long ago, prisoners rebelled at the Arima Court. While Couva has some what improved, this court house needs new life. It serves a wide cross section of the community in Central Trinidad. During the last law term, Prime Minister Manning spoke of the plan to move Parliament to the block which now serves the Port-of-Spain Magistrates’ Court, the Defence Force, the Ministry of National Security and the headquarters of the National Lotteries Control Board (NLCB).

This brought immediate reaction from the Chief Justice who complained that there was no consultation with the judiciary on such a critical decision.
Very little has been heard since, but the Attorney General handed over the keys to the new wing of the Port-of-Spain Magistrates’ Court in July. This new wing has been under construction for a considerable length of time and although it was handed over to the judiciary, it still cannot be occupied at this time. Another problem in the judiciary is the archaic system of taking notes in long hand. While the CAT system was introduced in the High Court and Court of Appeal, the Magistrates’ Courts continue to be handicapped with note-takers taking notes in long hand. Although the CAT system is functioning well in the High Court and Court of Appeal, the remuneration is considered low and not competitive with other Caribbean countries. The head of this unit, Jennifer Leach, resigned from her job to take up a more lucrative contract in Barbados. During the last year, a committee chaired by Justice Mark Mohammed made recommendations aimed at creating great efficiency in the judiciary. One such recommendation is the shortening of criminal trials, which according to reports, is working well.

Like in everything, there was controversy in the Magistracy with a bitter battle between Chief Magistrate Sherman Mc Nicolls and his deputy Deborah Thomas-Felix. This started after Mc Nicolls took away the case against former Prime Minister Basdeo Panday from Thomas-Felix. Added to that, she was transferred to San Fernando. Thomas-Felix challenged this move in the High Court citing her continuing back problem as one of the issues. She lost the matter in the High Court on a technicality of filing it too late. She appealed and this will be one of the high profile cases to be heard in the new term. With the new law term about to begin, attention will be focused on the establishment of a Family Court, which will be housed at NIPDEC House. The facility will have to be upgraded for this new court. But one wonders why this court is moving there, when there is room on the second floor of the Hall of Justice. The small courts there can be used whereby families will have more privacy there to iron out their problems than the glare of attraction at NIPDEC House.