Government must ensure systems are in place for timely hearing of all cases

Jun 09, 2008 Letters

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Dear Editor,
I respond to Kwame McCoy’s letter under the caption “Criticisms of the judiciary are the cross-checks and balance of power” (Kaieteur News 06.04.08).

Firstly, the state comprises three branches: the Executive, the Legislature, and the Judiciary. It should be noted that none of those is an arm of Government, as is represented by Mr. Mc Coy. Hopefully, Mr. McCoy’s letter is not based on such misinformed concepts.

Kwame claims “Tension between the Executive and the Judiciary is inevitable in societies where there is clear separation of power …” I did a quick Google of Lord Woolf to see what he actually said, since he was partially quoted by McCoy. I did not find the statements attributed to Lord Woolf  (I’m not implying that he did not say so); however, according to the BBC, “Britain’s most senior judge, Lord Woolf, has a history of being outspoken in insisting on the need to keep the criminal justice system separate from politics.”

It is for this reason that our judges’ decisions will at times collide with the views of the Executive, which sees the judges as an extension of the Government and seeks to influence the judges through its hold over matters, such as appointments and conditions of service. When judges and magistrates‘ promotions and salaries are dependent on the Government, it is most likely that they will not want to make decisions that will not find favour with the Government. Minister Rohee’s recent criticism of the decision by a judge could be seen as a treat to the judge and those who may wish to make similar decisions.

I wish to quote again what Lord Woolf said, according to the BBC website on the judge: “Harry Woolf, or Lord Woolf of Barnes, has a track record as a penal reformer and is no stranger to taking on the Government. He has consistently highlighted the problems of prison overcrowding since he criticised the Government…” 

The Government, especially Minister Rohee needs to take serious action to address the overcrowding of our prisons and the long delays prisoners experience while awaiting trial.  Justice delayed is Justice denied.  We have persons in prison awaiting trial for over five years for various crimes.

Taking into consideration that a person is innocent until proven guilty, it is a crime not to have speedy trials because the Government is failing to appoint and confirm more judges and magistrates to hear these cases.  The Government must also improve the wages and salaries of those tasked with the responsibility of enforcing the laws of our country.

According to Kwame, “Though the Judiciary is an independent arm of the state, it has to be accountable to explain, and justify, and open up areas in question to public dialogue and scrutiny…”  The Judiciary ideally is separate from the Government and is tasked with the sole responsibility of being the custodian of the laws of the country. Magistrates and judges, in particular, are required to make written decisions at the conclusion of cases, which then become a matter of public record.

Judges, magistrates and the public are forbidden from making public comments on matters that are sub-judice. The Judiciary, Mr. McCoy, does not have to open itself to public dialogue or scrutiny on any decision it makes.

The Judiciary makes decisions based on the laws of the land.  We can all make comments on the way or why the decisions were made, but the Judiciary’s decisions are final and our views are not taken into consideration when making those decisions, only those made under oath. 

The Government, on the other hand, has a responsibility to do exactly that, “open up areas in question to public dialogue and scrutiny”.  The Government must be prepared to take criticisms of any and all decisions taken. It is the role of the Opposition and civil society to “cross-check the balance of power”. 

The President was only recently quoted (ref. SN 04.25.08) as saying that the country was suffering from “expert syndrome” because an expert and other concerned citizens questioned the purchase of two helicopters with tax payers’ monies. 

It is okay for the Government to question the Judiciary over decisions it has authority to make, but it’s not okay to question the Government when it sells out our country to foreign investors etc.  Who really is suffering from schizophrenia? 

Three persons were held with a quantity of high-powered and surveillance equipment, in the height of the 2002 crime spree, they were released on bail and no one in the Government questioned the Judiciary.  The President or Minister Rohee, at the time, did not see Khan as a serious treat to society and questioned why these men were released on bail.  What’s good for the goose must be good for the gander.

Criticisms of the Judiciary by the Executive will not necessarily ensure the minimum requirements for Justice are met.  However, if Minister Rohee is genuinely concerned about the welfare of victims of crime, then he should ensure that the various entities responsible for preparing and presenting the state’s cases are properly equipped to do so.

Victims and/or relatives of crimes should not have to wait five years or more to relive the crimes committed against them at trials.  Witnesses should be able to testify while the incidents are fresh in their minds and not years later, when some would have migrated, or worse yet, passed on.

Mr. McCoy, I would advise that, before you respond to so-called insularity, you advise the minister to get his house in order, so that when crimes are committed there could be speedy trials and justice would not only be served but appear to have been served. It is the responsibility of the Government to ensure that all systems are in place for the timely hearing of all cases. 

Julianne Gaul

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