All eyes on CJ
And the pace of the criminal justice system remains too slow relative to the outstanding backlog as well as the high number of new cases that are being added daily.
All eyes, therefore, will be on Chief Justice Ivor Archie as he delivers his annual report. Will it be a case of d?j? vu? The recent crime talks between the Government and the Opposition touched directly upon matters relating to the Judiciary. Of particular note is a proposal for the abolition of preliminary inquiries, a proposal which has been hanging around for decades.
The closest this proposal has come to implementation was with the Administration of Justice (Indictable Proceedings) Act 2011.
Unfortunately, it was scuttled by the scandalous developments surrounding former Minister of Justice Herbert Volney and the PP Cabinet’s Section 34 proclamation.
It is ironic that Volney himself was recruited straight into governance from the Hall of Justice where he once sat as a judge presiding over criminal cases.
The Chief Justice will have a difficult task of setting a tone that seeks to advance the reforms that are urgently needed if the Judiciary is to move forward. He has to acknowledge the need to collaborate with the politicians while at the same time maintaining rigorous independence.
Indeed, one of the matters which will call for attention is that very question of independence. One year since Finance Minister Colm Imbert promised to put measures in place to give the Judiciary an independent budget, that pledge has not become a reality. The inability of the Judiciary to control its purse strings, to recruit freely and to procure its own major projects has been an impediment.
The feeling is the Judiciary should be doing more. Yet, without control of these key matters, how can it? The Chief Justice is likely to present a report of the number of cases filed and disposed of as well as the number of cases that are now pending.
These statistics are vital if the Executive is to have a concrete basis on which to act.
Yet, while the pace of reform is not as fast as we would like, there have been efforts. The new procedure allowing an accused person to preview possible sentences based on pleas put forward was a good example of a reform which the Judiciary was able to implement largely on its own steam. What other measures can be introduced? That is what the population will be looking to have answered. For while we understand the realities of the situation, the endless blame will do nothing to maintain the public’s confidence in the Judiciary.
It falls to Chief Justice Archie to give the ordinary man in the street a positive message. At this crucial time, citizens need reassurance, perhaps even more so because of disenchantment with the political delays, not just in relation to criminal justice reform, but also matters like implementing bilateral tax arrangements.
Attorney General Faris Al-Rawi yesterday signalled his intention to account to the nation and to shatter the “analysis paralysis” of the past by presenting facts during the Budget debate. This is welcomed.
But what is more important at the moment is action.
However, the Budget is weeks away. Today, the focus is on Archie.
What is required now to move the justice system forward? Urgent legislative reform of inquires is a good start. But also the number of judges should be increased. However such moves mean nothing if capacity to handle more cases is not widened. The courts must also get the infrastructure they deserve.
Lessons must be learned from the process of refurbishing the Chaguanas Magistrates Court.
While economic times have been difficult, it is also important that the Judiciary gets the resources it needs to work. This falls to the Executive, yes. But we wonder if the Chief Justice can devise more creative ways to make existing resources work.
Today, we will be listening carefully
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"All eyes on CJ"