JUSTICE DELAYED IS JUSTICE DENIED

Jul 25, 2016 Editorial

The recent appointment of a new Chief Justice to replace the controversial Chief Justice is a brilliant idea, but clearly the judiciary is at a loss on how to resolve the long delay of both civil and criminal cases.
This issue has been festering for decades, so it is time for this government to cease talking about it and find a solution to end the long delay of cases.
First of all, Guyana has an archaic judicial system. The lengthy delay of cases should be viewed as justice denied to litigants in criminal cases and alleged criminals, who are on remand in prison.
The people have grown tired of a judiciary which operates at a snail-pace. The lengthy delay of cases should be an embarrassment to the government and to the presiding jurists. The government must take an in-depth look into all of the various organs of the judicial system, including the police, the Director of Public Prosecution (DPP) and the prisons.
The long delay of cases suggests that the judiciary is functioning poorly and should not be allowed to continue. If the government is serious about ending the long delay of cases, then it has to stop talking about it and put mechanisms in place to make sure that civil, criminal or commercial disputes are disposed of in a timely manner.
Guyana, which is aiming to achieve First World status, should have a modern judicial system. Guyana was the standard bearer for other Caribbean nations in relation to how its judicial system functions but regrettably, it can no longer make that claim.
It was the first country in the Caribbean to replace the British Privy Council with the Caribbean Court of Justice. But people should find no comfort in the belief that other Caribbean nations are experiencing similar issues. Action is needed to change the culture of the judicial system, if it means making some radical adjustments that are long overdue.
The editorial section of this newspaper has previously stated that it is time for the government to appoint a commission to conduct an inquiry into the judicial system and make recommendations on how to solve the long delays.
We have also mentioned that the nation can no longer tolerate a judicial system that is archaic, incompetent or having indifferent attitudes on how to apply the laws fairly across the board.
Cases that are in the system for five years or more should be dismissed for the lack of prosecution, unless there are reasonable grounds for them continuing. It is not fair for any accused person, even if he/she is guilty, should not be languishing in prison for five or more years hoping that their innocence can be proven. The talk of a shortage of judges should be no excuse; cases must be tried and completed within a reasonable time.
The judicial system is sloppy and the long delay of cases could certainly hinder foreign investment in the country.Foreign investors seeking to invest will be reluctant to do so if there is no proper functioning judicial system where civil and/or commercial disputes can be disposed of in a timely manner without costly delays.
Revisions must be done urgently to bring about a change in the ethos of the judicial system. It should not be left to the Chancellor to make such changes, because he has been there for years and is fully aware of the long delay of cases but have done absolutely nothing to solve the problem.
Improving the justice system, reducing the long delay of cases and make it appear fair to all is the primary responsibility of the government. It must ensure that justice is dispensed in a manner that must seem fair to the public. A society that offers poor justice to its people, especially youths, is a hopeless society. Yet we are at a loss as why the crime rate is so high.

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