STORIES

Page 8 ISSUE 123 Friday 25th SEPTEMBER, 2015
JUSTICE ON TIME
It is accepted that the
wheels of justice turn so
slowly that what passes for
justice in this jurisdiction
is subject to daily and constant
criticism.
In the criminal justice
BY ATTORNEY AT LAW system, the delivery of justice
starts in the magistrates
REKHA RAMJIT
courts. At present this magisterial
system is so clogged
The buses that transport
prisoners from that one can graphically describe
the system as consti-
the remand yard to
the various courts of Trinidad
and Tobago are em-
It is accepted that many
pated.
blazoned with three words magistrates may have as
“Justice on Time”. This many as 50 to 90 cases to be
outward show of delivery is heard on a given day. The
a far cry from reality that calling of these cases leave
pertains to the delivery little time for the hearing
of justice by our criminal of an actual trial. How then
justice system. Sadly, even can the system be relieved
this transportation fails on with as little pain as possible,
without incurring as-
a regular basis in its stated
objective.
tronomical costs.
WHAT GOES UP
MUST COME DOWN
At Piarco International Airport
Magistrates are creatures
of statutes and their organization,
conduct, rules
and behavior are therefore
governed by the Summary
Courts Act of Trinidad and
Tobago.
We operate a system that
is slowly creeping towards
a total breakdown because
there has been a lack of innovation
by the powers that
be. Further the inability to
proceed to either a summary
trial or a preliminary inquiry
is often times a result
of circumstances outside
the control of the sitting
magistrates.
In all ammunition and
drug related matters, a forensic
report is necessary
before the matter can proceed
to trial. Physical evidence
in both these types
of matters must be tested
and evidenced by a forensic
report or the prosecution
would have failed to prove
a vital element of their case
i.e. that the ammunition or
illegal substance is actually
that. In our jurisdiction
however forensic reports
take anywhere between
nine months to two years,
sometimes even longer.
The sitting magistrate has
no control of the delivery of
this variable and must wait
until the forensic report is
available. It is not uncommon
that a simple drug
case e.g. a case for simple
possession of marijuana
may take in excess of four
years.
As I write I have knowledge
of one such case in
which the accused was
charged in March 2008 and
is still before the courts with
the possibility of completion
in October 2015.
This particular Defendant
was granted bail and had
the wherewithal to access
bail or she may have been
incarcerated for a period of
seven years and six months
awaiting a trial.
The solution is a simple
one, expand the facilities at
the Forensic Science center
and ensure that it is properly
resourced with the necessary
supplies and personnel.
This may mean that the
Government has to take
an aggressive approach to
training personnel in this
area of science by awarding
scholarships in the relevant
field of studies.
At present all liquor licences
must be granted by
the senior magistrate in all
magisterial courts. This is
an unnecessary and costly
waste of a senior magistrate’s
time.
The decision to grant a
liquor license for whatever
purpose is that of a Licencing
Committee which must
rely on various approvals
from different state bodies.
The Police approval is
also required. Unless there
is a filed objection to the
granting of licences which
takes almost half a day per
week in every magisterial
court in Trinidad and Tobago
licences ought to be
granted by the Committee’s
direct communication to the
applicant outside of normal
court time.
An applicant ought only
to appear before a senior
magistrate only if there is
an objection by a member
or members of the public.
If one were to sit in any
magistrate’s court on any
given day, one would realize
that only one or two trials
may start or be continued.
The court is therefore
being used for the purpose
of adjournments and status
hearing. Perhaps an adjournment
court ought to be
established at remand yard
for the purpose of dealing
with adjournments and status
hearings.
When the matter is ready
to be heard it can then be
sent to the relevant magisterial
court. This court can
be manned by a Justice of
Peace empowered to do
this. This will ensure that
the magisterial courts are
not clogged up with the
constant rolling over of
cases.
This I am sure will assist
in speeding up the actual
summary trials and preliminary
inquiries.
This will also prove to
be a cost saving innovation
as the daily transportation
from the Remand Yard to
the various courts with the
attendant police officers
necessary as security must
be a heavy financial burden.
An additional benefit
must be that the Police Officers
who are freed from this
transportation duties may
be productive elsewhere.
The Summary Courts Act
Section 3(B) allows for the
granting of contracts to persons
meeting the criteria required
for a magistrate.
Perhaps it is time to make
use of this statutory discretion
in conjunction with the
establishment of evening or
night courts.
It is accepted that this
would require additional
human and financial resources
but the speedier delivery
of justice will be well
worth the cost.
It is a constant complaint
that the molasses like speed
of the delivery of justice
contributes to the high rate
of repeat offenders.
In some cases the length
of time from the laying of a
charge to the actual trial is
so long that the prosecution
finds itself in the unhappy
position of witnesses being
unavailable because they
have moved away, cannot
be located, died or are simply
no longer interested.
This situation makes it
easier for a career criminal
to take advantage of the
slow justice system.
At present the retirement
age for a magistrate is 60.
In these times, a 60 year old
is mentally astute, and energetic.
In fact it is the time
in this profession when the
years of experience would
prove to be an asset to the
Justice system. Consideration
should be given to
raising the age limit for retirement
for the magistracy
to perhaps 65 or even 70.
In this jurisdiction at
this time, all criminal matters
must start its life in the
magistrate’s courts.
Almost 80 percent of
the cases which enter the
magistrate courts are determined
there.
The rest moves to the
High courts to be heard
before a judge and jury. It
is reasonable then to conclude
that any declogging
of the criminal justice system
must start in the magistrate’s
courts and continue
in the High Court.
The above are bare outlines
related only to the
magistrate courts and which
would require detailed administrative
development
but which are necessary at
this time.
Do we as a country have
the will to deliver justice on
time? We wait.