THE EDITOR, Sir:
IT IS with a sense of despair that I feel obliged to comment on the administration of justice in the parish of St. Elizabeth - or perhaps I should say lack of the power of administration of justice, through no fault of the Resident Magistrate now working in the parish as he has been doing his utmost - to the extent of operating two courts in two different outstations per day.
This is no easy feat as the outstations in the parish are far afield - from Balaclava in the north to Malvern in the south and then Santa Cruz in the south. Since the first week in August 2005, there has been one only Resident Magistrate assigned for work in the parish ... and there is enough work for three hard-working Resident Magistrates, even though only two are generally assigned to the parish.
Since the first week in August, sometimes a relieving Magistrate is sent one day per week and sometimes the only Resident Magistrate assigned to the parish has to carry the full load. This is humanly impossible, so we have constant adjournments ... and I used to believe that there was a maxim that justice delayed is justice denied. If that is still true then justice is being denied to many of the persons who come before the courts in St. Elizabeth.
I support the establishment of the Caribbean Court of Justice as the final Appellate Court for Jamaica, but the Home Circuit Courts cannot and must not be abandoned as the Resident Magistrates Courts carry the major load of all criminal and civil cases. Only big cases go to the Supreme Court... and when justice is denied on a timely basis to the people who have their small cases, they sometimes feel obliged to take the law into their own hands. Thus we have mob killings, etc. We do not want that in St. Elizabeth.
INTERESTED IN APPOINTMENT
I have been reliably informed, and I believe it to be true, that there are many attorneys-at-law with far in excess of five years at the Bar who have signified to the proper authority that they are interested in appointment to the post of Resident Magistrate, yet they have been ignored - absolutely and totally.
I unashamedly subscribe to the view that ability is not the same as suitability but of the many who I am assured have signified interest in the post or of the many who have graduated from Norman Manley Law School, at least in the past 10 years and are in private practice, there must be at least half a dozen or more who are suitable for appointment - at least to act as Resident Magistrate so that a determination can be made as to their suitability for permanent appointment.
While they squabble over the power and the glory, justice or timely justice is being denied to citizens of Jamaica. I do not say citizens of the parish of St. Elizabeth as many of the persons who now are charged in St. Elizabeth are from elsewhere.
In addition, there needs to be some proper provision for persons charged and in custody to be able to relieve themselves while at court. On Wednesday, September 7, an accused man sitting in court handcuffed to another, raised his 'uncuffed' hand and signified that he wished to go to the bathroom. The police sergeant in charge, on being directed to attend to the request of the accused - a citizen of this land - informed the court that there was no bathroom available and he had no vehicle to transport the accused back to the Black River Police Station. Surely we can do better than that! And we should not wait until there is a revolt!
I am, etc.,
VELMA L. HYLTON, Q.C.
P.O. Box 36, Spur Tree,
Manchester.
