Delroy Chuck
JUSTICE IS a simple and essential commodity. In human affairs, the desire to have the upper hand, the last lick or the final say is a selfish and easily recognised trait and, without official or state intervention, the mighty, strong and powerful will triumph. Where there is no justice, evil succeeds and goodness recedes. A society that cannot deliver justice opens its doors to confusion, chaos and collapse. Why, in Jamaica, is the cry for justice echoing so loudly throughout our land?
In truth, justice is being denied because, even where the process is available, the hard reality is that it is just not well delivered. The integrity of the justice system is being undermined by delays, and even greater delays. The machinery of justice is creaking and failing, and the people have become utterly bewildered. Which litigant, witness or stakeholder in any case can feel relief, a sense of satisfaction or the delivery of a fair and reasonable outcome when their cases continue for years, many years, before resolution? There are far too many matters which are still unresolved after eight or 10 years, and have become an emotional drain on everyone.
EXCESSIVE PAPERWORK
In the Resident Magistrates' courts, one expects cases to be tried within a year, but that has become the unusual exception instead of the standard practice. In these courts, simple matters are tried and should be expeditiously completed. And, even when they become challenging, they should still be quickly determined, as the process is meant to be unencumbered by excessive paperwork, empanelling of juries and a written judgment. Yet, one knows of cases that have continued for five and more years. Recently, the wife of an accused person relates tearfully how her husband, whom she accompanies on every court day, has been to court 65 times since 1999, and even now the case is still undecided. Even if he is acquitted, has he not been unfairly punished by the prolonged delay?
In the Supreme Court, where complex and intricate matters are tried, the delays get worse, and litigants and witnesses are aggrieved and frustrated throughout the years, with the ultimate result that the evidence presented becomes unreliable and, probably, defective. Is it any wonder that many murder accused, for whom bail should be unusual, are walking the streets creating even more conflicts and expecting that their cases will be adjourned sine die, as the witnesses will eventually become weary and uninterested?
Amazingly, when civil cases are tried, the parties have to wait years to get the written judgment; surely, judges must judge but they must do so promptly.
The due process of law requires a better delivery of justice. The Jamaican Constitution provides for a fair hearing within a reasonable time and, if our courts are failing in their duties, the legislature may well have to provide a reasonable time frame for cases to be determined, otherwise they should be withdrawn for want of prosecution. If the courts require more judges, personnel and resources to deliver justice effectively, the Parliament must make the necessary provision, but the demand is yet to come from the Ministry of Justice. Clearly, the justice system cannot be shortchanged lest it affects every other area of national life.
DELIVERY OF JUSTICE
Interestingly, more courts, judges and magistrates have been provided over the years without any improvement in the delivery of justice. Case management and revision of rules and procedures have not significantly dented the long delays experienced. With these delays, why are the courts used for less than 20 hours per week. With so many cases to try, why are courts, especially the Supreme Courts, empty after midday on Wednesdays? The reality is that the management and flow of cases demand better control, reminders and delivery.
Sadly, I am not sanguine that the Government's promised assessment of the whole justice system, which has been done before, will bring any noticeable improvement. The present administration only pays lip service to the delivery of justice, as it does to everything else. The better delivery of justice will only come when the nation gets a full commitment and a better administration of governance from a caring, insightful, resourceful and proactive government.
Delroy Chuck is an
attorney-at-law and Member of Parliament. He can be
contacted by email at Delchuck@Hotmail.Com.
