Members of the Montego Bay police march during the opening parade for the start of the St. James Circuit Court in September last year. -photos by Claudine Housen/Staff Photographer

Jamaica's Supreme Court judges and Resident Magistrates are overburdened with work as they all have to take copious notes of proceedings by longhand. Promises to provide court reporters, who provide official transcripts, in the Resident Magistrates courts have yet to materialise.

The Government, in 1997, contracted an American firm to update the computer system in the court reporters' departments at the Supreme Court. It was reported in September 1997 that the 26 judges in the Supreme Court would no longer be taking notes of evidence by longhand, as they would soon be having access to the court reporters' notes which would be linked to the judges' computers installed in the courtrooms. Computers were installed in the four criminal courts for the judges but the notes of evidence were never made available to them.

Mere ornaments

"We have computers on the bench but they are mere ornaments, and so many of use who are getting on in age are now having writer's cramp," a Supreme Court judge said. Another judge said, "I have heard of plansto increase retirement age for us from 70 to 75 but from the discussions I have had with other judges they are not interested in working one day beyond 70, some are even thinking of retiring before." The judge was quick to point out how stressful the job was, and also referred to the adverse conditions under which they had to work.

Complex cases

A Resident Magistrate suggests that until that plan materialises, court reporters should be assigned to RM Courts in complex cases, such as fraud cases, so that in case of an appeal, the notes of evidence could be prepared and sent expeditiously to the Court of Appeal. He pointed out that sometimes notes of evidence from Resident Magistrates' courts take months, even years, to be ready for the Court of Appeal, because clerks in the courts offices have to type the notes of evidence and that took time.

Take, for example, the case of former bankers Melanie Tapper and Winston McKenzie. They were convicted in May 2003 and each sentenced to 18 months' imprisonment for defrauding Kingston businessman Bentley Rose. They appealed and were given bail but to date their appeal has not been heard. A recent check with the Court of Appeal Registry revealed that the notes of evidence had not yet reached the registry - almost four years after notice of appeal was filed. After her conviction, a distraught Tapper had vowed that she was going to prove her innocence at the appeal. However, up to now, the two former bankers have not been afforded a fair hearing 'within a reasonable time', in accordance with the Jamaican Constitution.