‘Spend $$ to improve local judiciary’

SENIOR COUNSEL Desmond Allum believes that Government should use its resources to make the local judicial system more effective before committing money to the proposed Caribbean Court of Justice (CCJ).

Allum, President of the Criminal Bar Association (CBA), asked, “Why are resources being spent on a new court when the local system is so inefficient and in need of resources to make it efficient? No body knows the exact figure being committed for the Caribbean Court.” Allum and London-based Trinidadian attorney Travers Sinanan spoke with Newsday about the local justice system and what can be done to improve the administration of justice. Allum, one of the leading attorneys at the criminal bar, pointed out that successive governments have put the emphasis on recruiting more police officers to deal with the escalating crime problem rather than taking a holistic look at the system with the aim of making the administration of justice more efficient.

Allum could not understand how the authorities failed to commit more resources for the High Court and Magistrates’ Court. He believes that more resources are needed to ensure that both the High Court and Magistrates’ Court are properly funded and staffed so the unnecessary delays can be addressed. “Imagine, with the wealth here in Trinidad and Tobago I still cannot understand how magistrates are still taking notes in long hand. In the Magistrates’ Courts, where 90 percent of cases are heard, magistrates and clerks are taking notes in long hand. Just recently, audio visual recordings were introduced, but no one has yet seen the impact with that,” Allum added. He said magistrates were caught up in dealing with administrative matters and non-summary cases. He feels that full computerisation could go a long way in easing the situation, cutting down on the time spent on having notes taken by hand in both preliminary inquiries and summary trials.

On the issue of preliminary inquiries, Allum says that is one of the biggest reasons why there is a backlog in the Magistrates’ Court. He believes this system should be replaced with Paper Committals. Sinanan painted a better picture by his experience as a prosecutor with the Crown Prosecution Service (CPS) in London. Sinanan, who practised in Trinidad for seven years before settling down in London, said the paper committal route could lead to a better system for the administration of justice. “In England, a man charged with a serious offence can have his trial completed within four to six months after arrest. But in Trinidad, that cannot happen right now....it takes four years at least before the trial gets going. When I left Trinidad, there was this case about to begin, you know now that I am back here, that case has not been completed.” Sinanan continued, “The committal should be by way of paper committal, without any evidence being called. The case should be sent straight to the High Court once a prima facie case is made out. If the defence wish to challenge the prosecution’s case, they can do so by what we call a ‘read through’ committal.” Allum feels the time has come for DNA services to be available. Forensic evidence, according to Allum, is very important.

The CBA President said it was time that the Government plough enough resources so that the forensic scientists can upgrade and strengthen their research techniques and findings. “Moderni-sation is sadly lacking. It is a deplorable and unacceptable state of affairs. Many criminal cases suffer as a result of the lack of proper forensic science resources. The availability of DNA testing can convict the guilty and free the innocent.” One big bug bear is the method used by the police for tracing persons charged with offences. Allum believes it is imperative that the Police Service be given sufficient and adequate resources to develop a proper system of antecedents for tracing. This, according to Allum, will avoid unnecessary delays, wasting of time and resources, in order to establish the criminal background of the bail applicant.

“A proper record and criminal history must be created with respect to convicted persons, so those who are deserving of bail will not be remanded into custody longer than is necessary. “And those who are not deserving of bail can be remanded into custody at the first available opportunity and promptly processed.” Sinanan feels that a person charged with a criminal offence must be arraigned within 182 days of his arrest. In England, Sinanan pointed out that if there is any unnecessary delay, the defendant can be granted unconditional release even in murder cases. “It is therefore important that from the outset, the police provide the prosecuting attorney with all the background information. That is relevant and applicable to the defendant being remanded into custody,” Sinanan added. Sinanan believes that this system must be introduced in Trinidad and Tobago, if the system of justice is to be improved.