More judges to be appointed – AG

Jun 13, 2015 News

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By Kiana Wilburg
Attorney General (AG) and Minister of Legal Affairs, Basil Williams, recently emphasized the need for improving the perception of fairness in the Constitutional Court and for eliminating the backlog of cases in the judicial system.

Williams said that Government maintains its position that the Constitutional and Commercial Courts, both manned by one Judge, require additional adjudicators.
The AG said, “We believe there should be an additional Judge in the Commercial court and the Constitutional court. We will also make moves to deal with the case of insufficient Judges in the Court of Appeal as well. This is a serious matter for me.
“With only one Judge in those important Courts, it would obviously lead to a backlog of more cases in the system and the Judges being overwhelmed. I intend to address that.”
Chancellor of the Judiciary, Justice Carl Singh, also weighed in on the matter. He said that the addition of another Judge to the Constitutional Court may be desirable. He noted, however, that constitutional matters are grave and weighty. He said that the CJ is the most senior Judge of the High court and the most experienced one at that.
“So we shouldn’t be knocking the court. If there is dissatisfaction, there is the Court of Appeal and then there is the Caribbean Court of Justice,” Justice Singh said.
He added, “When we get our full complement of Judges then we can address having two constitutional departments but right now the judicial manpower does not permit it.”
Seasoned Attorneys-at-Law and even members of the once political opposition, A Partnership for National Unity plus Alliance For Change (APNU+AFC) held the position that the  nation is treading dangerous waters in having only one Judge, Chief Justice (CJ) Ian Chang (Ag), presiding in the Constitutional Court.
Specifically, Foreign Affairs Minister, Carl Greenidge, had expressed this view which was supported by his colleagues.
Greenidge had said that it is inconceivable that such a pivotal institution charged with critical decisions can be presided over by just one person.
He had said that the work of the court affects the fundamental rights of the populace as a whole. Even in the best of circumstances, there is going to be virtue in having more than one Judge looking at the Constitution so as to ensure minimization of errors. The situation reduces the scope for overlooking details, eliminates bias and allows for alternative views.
He had said, too, that while it is true that the CJ’s decisions can be appealed, it has to be understood that in Guyana, the courts are characterized by extensive setbacks.
The politician said that one can view these setbacks as a delay in Justice being served. Greenidge reminded that one must bear in mind, the Parkinson’s Law – that delay is the deadliest form of denial.
Though there is the opinion that the Constitutional Court should have the presence of another Judge who can help in the adjudication of difficult cases, veteran lawyers however, believe that the Chief Justice is quite an accomplished Judge.
They agreed that measured by his output, “he is amazing” but they are also of the opinion that in trying to produce a lot, one can err. While some of the Attorneys who spoke with Kaieteur News said that there have been instances where they felt the interpretations by the CJ were flawed, they said to truly determine if he has erred, one would have to rely on the appeals which may be collecting two to three years of dust as they await a date for hearing.
There have also been increasing complaints in the legal fraternity against the Court of Appeal for having some unresolved cases of national importance, languishing for years.
One of them is the appeal to the Budget cut case which is yet to start.
As for the Commercial Court which is also housed in the High Court, the opinion in the business community is that it is overwhelmed. The court is presided over by Justice Rishi Persaud. The Court handles claims for money, the purchase and sale of commodities and contracts relating to the sale and purchase of land and other matters.
According to a 2013 report by the United States Bureau on Economics and Business Affairs, (http://www.state.gov/e/eb/rls/othr/ics/2013/204653.htm), Guyana’s judicial system is generally perceived to be slow and ineffective in enforcing contracts or resolving disputes.
It opines too that perceptions of corruption and long delays make the courts an unattractive option for settling investment or contractual disputes, particularly for foreign investors unfamiliar with Guyana.
It highlighted, however, that to redress this obstacle to investment, the Government of Guyana, with support from the Inter-American Development Bank (IDB), established a Commercial Court in June 2006.
It said that while the Commercial Court started off with some promise, it has failed to make any appreciable impact on the timely settlement of business disputes.
Attorney at Law and Leader of the Alliance For Change, Khemraj Ramjattan, who appeared before the court had said that it has done a wonderful job in settling certain matters but considering the influx of certain cases, in order to make it effective, it would require another Judge.
Persaud, Ramjattan opined, is overburdened and as a result, other cases will be delayed.
Ramesh Dookoo, a member of the Private Sector Commission had expressed however, “The Commercial Court is not working up to the speed that we would like it to work. I don’t think it is overwhelmed but it needs to be more efficient. The reason we supported the establishment of the court in the first place is because of the backlog that was occurring in the regular court system.
“The Commercial Court initially started out with some amount of promise but it is not working as efficiently as it should be. We need to get this court in order. Its efficiency would benefit the investment community once this is done. A solution, I believe, is that the court needs another Judge. There is too much too be done and one Judge cannot do it alone.”

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