MCGREGOR
WE OFTEN hear placard-bearing citizens of our country shout, "We want justice! We want justice!" Far too often this cry comes in response to an alleged extrajudicial killing by members of the security forces or by frustrated residents of a community in which one of its members has fallen victim to the scourge of gang violence. Will this thirst for justice be satisfied if the alleged offender is brought before the court to answer the charges made against him?
There are still other citizens of this country who search for justice to right civil wrongs. Do they receive justice when they are awarded a fair share
of the matrimonial home, receive compensation for injury suffered in an accident, for damage to property or for breach of contract?
If we define justice as being synonymous with fairness, impartiality and evenhandedness, then it should be sufficient for a fair trial to proceed in the civil or criminal court. However, the victim of a crime may not feel that he has received his just desserts unless the accused person is found guilty and punishment is meted out to him. The litigant in a civil action may not be satisfied unless the alleged wrongdoer is found liable and the level of compensation awarded is in keeping with his estimate of his loss.
Our court system offers the victim of a crime or a litigant in a civil action access to the Petty Sessions Court, Resident Magistrate's Court, Supreme Court or Gun Court, depending on the nature of the remedy being sought. In addition to these courts, there are specialised courts, such as the Family Court, Revenue Court and Commercial Courts, which deal with matters which fall into the category of cases which are suitable for being handled there. Further, the Court of Appeal or, ultimately, the Privy Council, may hear appeals from these courts.
CONSTANT COMPLAINTS
Despite the various arenas in which justice may be sought, there are constant complaints that justice is not being served through the courts. Invariably, the victim or litigant is heard to say that "the wheels of justice" turn far too slowly, and many feel that this gives credence to the old adage that 'justice delayed is justice denied'. In some cases, witnesses die, memories fade or businesses fail before matters are heard and determined in our courts. Is it that we have too few courts or too few judges? Perhaps during the process of justice reform, which is being undertaken by the Ministry of Justice, these questions may be answered, and corrective action taken.
The Ministry of Justice recognises the deficiencies in the justice system and the need for continuous review. As Minister A.J. Nicholson, Q.C. said, in his address to the delegates at the third Caribbean Conference on Dispute Resolution, "mechan-isms must be found to right wrongs by engaging victim, offender and community". One method of involving all of these agents is through the process of alternative dispute resolution (ADR).
ADR processes include conciliation, mediation and arbitration, and complement the traditional system of justice. For example, mediation, which is a process whereby parties are guided through the discussion of their dispute by an impartial third party (a trained mediator), is an available option in both criminal and civil matters. In particular, the Civil Procedure Rules, 2002, which governs actions of the Supreme Court, and the Criminal Justice Reform (Amendment) Act, 2001, make provision for parties to proceed to mediation.
Perhaps in clamouring for justice, we should more broadly explore the avenues for achieving this end, than we do now. Maybe in so doing, we will realise more timely delivery of justice.
Sherry-Ann McGregor is a partner and mediator in the firm of Nunes, Scholefield, DeLeon & Co. Send
feedback and questions to lawsofeve@yahoo.com.
