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Absence of Magistrates stalling court proceedings in Berbice

Sep 08, 2012 News

–    two magistrates have to serve 10 courts and 11 districts
 
By Samuel Whyte

The absence of magistrates in the various courts in Berbice is severely affecting the dispensing of justice in the Ancient County. At the moment only two magistrates are serving 10 courts and 11 magisterial districts, from the Upper Corentyne to Berbice River.
This dire situation has come about because two of the four magistrates, Magistrates Adela Nagamootoo and Fabio Azore, are currently on leave.
The two remaining magistrates have to take up the slack. In many cases matters are postponed.  The situation is at a crisis level according to some legal minds.
Magistrate Robby Benn serves on the West Berbice district and currently supervises courts at Blairmont, Fort Wellington and Weldaad while Magistrate Krisendat Persaud serves on the Upper Corentyne.  The two magistrates have to double up and supervise the other courts.
A look at the court schedules for Berbice will show that sessions are scheduled for Springlands on the Upper Corentyne on Mondays, Tuesday Thursdays and Fridays. The No 51 Magistrate’s Court on the Upper Corentyne has sessions on Wednesdays. Whim Magistrate’s Court are in sessions on Mondays, Wednesdays and Fridays.
The Black Bush Magistrate’s Court which has been abandoned, due to neglect will see those litigants attending sessions on every first and third Tuesdays at the Whim Court. The Albion Magistrate’s Court has sessions on Tuesdays and some Wednesdays. The Reliance Magistrate’s Court in East Canje sits on Wednesdays.
The main court at New Amsterdam is expected to have sessions on Mondays, Tuesdays and Fridays with special sessions being held on Thursdays. The remand centre in New Amsterdam is also held on Thursdays at the Prison Officers’ club.
The Berbice magistracy has to take care of the Kwakwani court which is more than one hundred miles up the Berbice River. There sessions are held every third Friday. The East Bank Berbice District which has a court at Sisters village has not operated in years. Efforts were made to resuscitate that court, but those have now falled through. Matters listed for Sisters Village are heard at New Amsterdam.
Some outspoken attorneys and prominent individuals in Berbice have said that the government is making a mockery of the situation, because it is refusing to appoint magistrates. One prominent attorney stated that the situation is very unfair especially to defendants who have to languish in jail, due to no fault of theirs.
“There is simple no magistrate to try their cases. It is tantamount to justice delayed being justice denied, since many persons on remand have to wait longer for their matters to be heard.”
Residents expressed their disappointment as hundreds turned up at the various courts on requisite days only to be turned away and to be told that their matters have been postponed because the magistrate is on leave.
Residents stated that with all the money being spent on the improvement of the justice system in Guyana at least the court system could do better. There are thousands of cases waiting to be heard; some are indictable while others date back more than 10 years ago.
Additionally, the situation poses a problem for Prosecutors.
“Whenever a case is dismissed for the lack of prosecution because witnesses don’t turn up, you hear all kinds of talk about bribery. This is unfair to us because we try our best in dire straits like these. But because of the delays in the court system, witnesses are fed up and don’t turn up. There is very little that can be done.

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