DELAY OF CASES MUST END

May 05, 2018 Editorial

The long delay of cases going to trial is by no means unusual. They simply underline and clutter the court system. In poor countries, some delays are due to inadequate resources, personnel and material inadequacies, administrative incompetence and outdated methodologies.
In Guyana, it does not matter which political party is in power; the courts cannot do business as usual. Unless there is a new way of doing things in the justice system, there will continue to be long delays of cases.
To compound the situation, some magistrates and judges have been adjourning cases on a regular basis while those on remand languish in jail. It has been seven years since the Jagdeo vs. Kaieteur News and Freddie Kissoon case was first heard but has since been adjourned 16 times. Time is one of the most precious resources that we have, and so our jurists must be effective managers of time. They cannot continue to do things in the same way that they have been doing. While the rule of law must be enforced, attaining timely outcomes in the court system is desirable and important.
The courts play a very important role in the reduction of crime, or in sending the right signal that persons who engage in criminal activities will be dealt with accordingly. That point has been made repeatedly, but the inefficiency of jurists is what engenders the public’s lack of confidence that has undoubtedly contributed to the disrespect of the system and the rule of law.
Delays, inefficiencies, and corruption in the court system have led to a huge backlog of cases and the unnecessary remand of inmates. The prison conditions in Guyana, particularly in police holding cells, are harsh and potentially life threatening due to overcrowding, inadequate medical care and insanitary conditions.
The average length of pretrial detention is three years for those awaiting trial. This sometimes is often beyond the maximum possible sentence for the crime for which many suspects were charged.
In his speech to Parliament last year, President Granger had indicated that the government intends to modernize the justice system with the use of technology in order to help reduce the huge backlog of cases. The use of appropriate technology to do the filing will go a far way in reducing the loss of or misplace of files and documents.
It will lead to greater efficiency in the justice system and most likely, reduce costs and the delay of cases. Whenever the documents for a case cannot be found, the case cannot be heard, and so it is pushed back.
There must be improvements in the justice system. Indeed the international community has been funding the training programmes for jurists.
While no one should expect these improvements to be completed overnight, however, they do not want such progress to be halted by public officials who are given the privilege by the people to serve them.
Although technology alone cannot solve all the problems in the justice system; nonetheless, there is enough evidence from other countries that demonstrate its effectiveness. The government should give greater priority to the use of technology in the courts, because it has the potential to improve efficiency in the delivery of justice, which is a vital component of any society that observes the rule of law.
It will no doubt cost money especially in the tight fiscal space in which the courts must compete with other vital services for financing, but the investment will redound to the benefit of the country.

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