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Is there really a backlog of court cases?

Oct 16, 2011 Letters

 

 

Dear Editor,
I refer to a news item in the Kaieteur News of Monday, October 10, 2011 captioned,
“Lawyer (Mr. Anil Nandlall) mulls new strategies to stem cases backlog.” Mr. Nandlall is quoted as saying; “There is a tremendous backlog of cases which are in the system waiting to be heard.” But how can this be when a libel writ is heard exactly (not 13 or 14 months) one year after the affidavits were filed? I refer to the libel suit brought by President Jagdeo against me and the Kaieteur News. A libel is not heard within one year in most countries in the world much less Guyana where thousands of civil matters are lost on the shelves
How can there be a frightening pile up when we have moved up a libel suit and have it heard one year after papers were filed? Every citizen in this country must reflect on this fact.
The Chief Justice is the person responsible for the phenomenal early airing of this particular case. After it was called, I wrote in my columns and in a letter that I found this early rise strange to use a mild word. Mr. Nandlall replied and told readers that my lawyers requested the early hearing.
This is not so. Mr. Christopher Ram replied to Mr. Nandlall and made it pellucid that the defence team made no such plea to Chief Justice, Mr. Ian Chang. Mr. Nandlall did not follow up
I thought the Chief Justice owed this nation an explanation as to why he left extremely important matters, most prominently, one filed moons ago about the legal basis of the Integrity Commission and gave early birth to the President’s libel suit.
The President of the Guyana Bar Association was brave enough to give me permission to quote him. He said that for a civil matter as the President’s libel to reach the judge a year after is not usual. He cited just one memory that came to him – another libel involving another critic of the government who functioned in the media, Mr. Clem David
I honestly feel that the Chief Justice owes this nation an explanation. The backlog in the civil realm is unbelievably mountainous. How did the President’s libel get over this cliff and end up in court before a judge after just a year?
Civil society has been quiet. The Bar Association will not pressure Justice Change for a statement because lawyers are not inclined to show vexations with judges for obvious reasons
Is the speedy hearing an embarrassment to me given that I have written several times in my columns that there should be early hearings? The answer is a resounding no. In one of my columns of the issue I said that I agree with cases being brought in a speedy time before the judges but why one only? Why one solitary writ while thousands are on the shelf gathering dust and making the cockroaches fatter each day? I honestly would like to hear from the Chief Justice if he has moved other writs up. Why no movement on the Integrity Commission paper filed by the Leader of the Opposition?
I am waiting for the national elections to be over, and I want to travel to Trinidad to discuss this peculiar early bird involving me and the President with the Caribbean Court of Justice. I don’t know how I am going to do it but I know I am going to do it. The Caribbean Court of Justice has its judges come from within the CARICOM jurisdiction. We in civil society need to ensure that in each CARICOM country, judges leave no space for questions to be asked of them.
In this country with thousands of civil hearings still to be heard after being filed more than five, ten or even twelve years, something is just not right about the Jagdeo libel that saw sunlight one year after papers were sent to the High Court. In fact, it may be eleven months, three weeks, rather than a year. Now that is early, very early and eerily early.
Frederick Kissoon  

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