CJ: Attorneys who file arguments late, may be made to pay costs

Attorneys who fail to file their skeleton arguments on time in civil  matters will be slapped with an order to personally pay costs, said Chief Justice Sat Sharma yesterday as he further warned of the Court of Appeal’s robust approach against those who fail to follow the procedures laid down.

The CJ made the announcement while dealing with an appeal by two brothers convicted of rape, and the late filing of skeleton arguments on the morning of the appeal by the attorney for one of the appellants. CJ Sharma said that the Court was not satisfied with the recent failure of attorneys in both criminal and civil proceedings who have been flouting the regulations and filing their skeleton arguments  way out of time. He said  he had written to the Law Association about civil matters delays and it had been suggested that in such cases where there were delays in the filing of skeleton arguments that orders be made for costs against the offending counsel personally. “And in respect of all matters, this court intends to take a robust approach towards practitioners who fail to adhere to the practice directions laid down,” he added.

The Court which comprised the CJ, Justice Lionel Jones and Justice Margot Warner, was dealing with the appeal of brothers  Bernard and Richard Harricharand who were convicted and sentenced to 20 years each with hard labour on November 23, 2001,  for robbing and raping two cousins in Princes Town on September 5, 1997. Dana Seetahal appeared for Bernard while Kenneth O’Brian appeared for Richard. Assistant DPP Devan Rampersad represented the State. The Court expressed its displeasure at O’Brian’s late filing of his skeleton arguments yesterday morning. The CJ observed that O’Brian’s document was hurriedly prepared, but the issues later crystallised during  exchanges  between counsel and the Court. The Court eventually dismissed the appeal, but on application by Seetahal, the Court ordered that the 20 months the brothers had spent in prison awaiting trial be deducted from their sentences. The Court also ordered that the sentences start from date of conviction.