New govt yet to address judicial backlog

Oct 06, 2015 News

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–   Problem  much more than the shortage of judges

By Abena Rockcliffe
The government, the Minister of Legal Affairs and the professionals working in the judiciary are aware that the system is clogged by an overwhelming number of unfinished cases. But the public still awaits a proactive response.

Chief Justice (Ag), Ian Chang and a retired Judge yesterday told Kaieteur News that if the proverbial bull is not taken by the horns, soon, the situation will get “too out of hand.”
The backlog is nothing new. Some cases date back to more than a decade. As a result, suspects languish in prison much longer than the length of time they would have spent had they been convicted.
Acting Chief Justice, Ian Chang, admitted that the situation is in dire straits. He said that in dealing with it, consideration needs to be given to a change in the leave system.
Currently, there is a rotating 10 weeks and three weeks leave system per year for Judges. He said that with such a backlog, Judges should not be off the job for 10 weeks.
Chang said that there is almost never a case where Judges, after returning from 10 weeks leave, return with a number of judgments ready to be handed down.
“Let them work,” Chang declared. He said that priority has to be given to those cases that have persons in custody, “They should be given a fair hearing.”
While the backlog exists mostly in the civil and criminal courts, Chang said, “No court is without work.”
He added that everyday more cases are laid and there is a huge huddle of lawyers in the system. Many of them, to get work, recommend daily that a number of cases be taken to court.
All in all, Chang said that an opportunity still exists to reduce the backlog but that can only be successfully done if the competent Judges develop a positive attitude towards work.

The CJ stressed on competence. “When you know the work, you often do not have to adjourn the case before making a ruling.”
Attorney General (AG), Basil Williams, while in opposition, had spoken much of this judicial abnormality in the dispensation of Justice but since he assumed office, Williams has done nothing to remedy the situation except, of course, to make numerous promises to do so.
During his budget speech, Williams said that the government will “Set its face against excessive delays in the court trials whether civil or criminal.”
Also, Williams promised the Guyanese people that the “APNU and AFC government will implement measures to reduce and eliminate the backlog of cases is the Civil courts and improve the capacity and skill of Judges in areas of case management and case disposition.
Those promises were made early August, but since then nothing about the progress in this regard was heard from Williams. It is not a case where information about the progress made or lack thereof was not solicited.
Kaieteur News literally explored all avenues available to get a hearing with the Minister. After exhausting the means of accessing him via his mobile phone, Kaieteur News reporters visited the Minister’s Carmichael Street Office. He initially refused to meet with them.
Persistent lobbying with his Personal Assistant then landed the reporters an opportunity to wait for the Minister, until after he had eaten but Bob Marley’s song ‘Wait in vain’ was the stark reminder of the reporters’ experience.
A former member of the Judiciary said that even though the individual spoke on the terms of anonymity, vital information was given.
The media was always blaming the backlog on the shortage of Judges in the court. Several Editorials and articles were written to this effect; but there seems to be bigger matter, one that reportedly involves incompetence and in some cases “laziness.”
The interviewee, who spent years in the system, explained that while judges are needed, the courts can be equipped with an excessive number of Judges yet things could remain the same.
The person said that the Judges have to be willing to work hard. “Some just like the prestige.”
The former Judge said, “If Judges hear matters on a regular basis, the list will obviously reduce.”
The point of incompetence underlines Basil Williams’ promise to implement measures to “improve the capacity and skill of Judges in areas of case management and case disposition.”
Further, the former Judge said that many judgments can be handed down immediately, “if you really know your stuff but there are a number of unnecessary delays…Judges have to be proactive, and take the bull by the horn to fight the backlog.”
The person spoke of a system that was used back in time that encouraged accountability to the Chief Justice and Chancellor of the Judiciary.
It was indicated that the amount of matters that each Judge received from the Registry had to be recorded and so did the number that had been completed. Those adjourned had to be noted along with the reason for the adjournment “whether it was because the affidavit is not on file or what.”
“But that was in the days of CJ George. And he was serious. When Judges apply for leave he used to check the list in Cabinet and all of that.”  Checks have also revealed that the courts are also somewhat outdated.
The courts are not fully computerized; statements and testimonies are still being handwritten by Clerks, Magistrates or Judges. Modernization will help reduce the backlog of cases. Then, there is the absence of witnesses who after years of delay of cases have relocated.
During the last ten years, the only attempt by the former PPP administration to solve the problem was to increase the statutory complement of Judges from 12 to 20 but the party did not provide the courtrooms and chambers for them.
Previously, acting Chancellor of the Judiciary, Justice Carl Singh had admitted that the number of backlog cases is in the hundreds and it is unlikely that the number can be reduced in a timely manner on the current schedule and resources available. His argument has been that Guyana is not alone in this dilemma.
It is true that Guyana is not the only country with a backlog of cases but a physical check would reveal that access to the justice system in Guyana is much longer than in several other countries.
Observers are urging those in authority to take cognizance of the popular saying, “Justice delayed is justice denied.

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