By Barbara Gayle, Staff ReporterTHE PROVISION of assistance under the legal aid scheme to persons who ought not to qualify for its benefits is causing a problem, says Glen Cruickshank, attorney-at-law and executive director of the Legal Aid Council.
He told The Gleaner on the weekend that a more effective application of the means tests was being worked on because the legal aid scheme was a contributory one. He pointed out that persons who were required to contribute to the legal aid fund, according to their means, were not doing so. The means test is administered by court administrators and court clerks who interview accused persons applying for legal aid.
"What has being happening in part is that this test is not being carried out as effectively as it ought to and as a result, persons who ought not to qualify for legal aid are being given legal aid and this places a great strain on our limited budget," Mr. Cruickshank said.
He said the scheme was working within the financial constraints of the Government.
Mr. Cruickshank disclosed that a training programme was being developed for court administrators to equip them to more effectively conduct the means test. He gave the assurance that persons who could not afford to contribute to the fund would not be excluded.
Although some lawyers complain about long delays in getting payment for legal aid work, Mr. Cruickshank said that from investigations, "We don't have difficulty in getting attorneys to represent persons who apply for legal aid."
Some 270 lawyers do legal aid cases and duty counsel work.
Mr. Cruickshank acknowledged that lawyers have, from time to time, voiced dissatisfaction with the slow pace of payment but said there was "no wholesale refusal to do legal aid work."
Last year, there were 2,033 applications for legal aid. Of that number, 1,639 of the cases were completed. Some $38 million has been paid out under the programme in the last 15 months.
Meantime, Mr. Cruickshank said the duty counsel scheme in which persons arrested were given representation at police stations, has been working fairly well. Last year, some 500 such cases were dealt with.
