Delroy Chuck

One of the pillars of the democratic process is a proper functioning court system. In Jamaica, that pillar of justice is not working well.

No one can depend on our courts to respond within a fair and reasonable time. Thousands of cases pile up in every layer of our judicial system. Files are misplaced and lost. Cases are scheduled but never get started. Some are part heard and continue for years. For the litigants, witnesses and other interested parties, the court system delivers frustration instead of justice.

The court system suffers like virtually every other sector of the society - it lacks leadership, management and resources. Last week Wednesday, April 4, the Minister of Justice, A.J. Nicholson appeared before the Standing Finance Committee. His response to questions was a real embarrassment to himself and his Government. Whether it was the hour of the evening, (about 11:00 p.m.), the long wait, or for whatever reason, he was just downright uncouth and arrogant. More significantly, he showed such lack of interest and concern that we wondered why he continues in the job.His lack of information and knowledge about what is happening speaks volumes and partly explains why the justice system is falling apart.

Perhaps, Minister Nicholson awaits the findings of the committee examining the justice system, which will come up with recommendations that will be discussed and agreed before they are implemented, but he can do better. One does not doubt that the system needs overhauling and major improvements are required. But, in the interim, we cannot allow the justice system to collapse and until something better is substituted, we must ensure that the present system works, and works efficiently. How can we know if the system is working well without up-to-date reports, available to Parliament and the public?

Requested court reports

Since I have been in Parliament, I have asked ad nauseam for annual court reports. In 2005, the annual report for 2003 was presented, which had its shortcomings but was a good start. Last year, I was promised the 2004 report but to date it has not been forthcoming. So, we have only one report! How can the Minister and his Ministry determine if the court system is working efficiently?

With all its faults, the present court system can improve if we just put in place better management and effective movement of court files. Can we say that judicial time is being well spent, or too many cases break down and the courts become idle for most of the time? Are more or less cases being tried by the individual judges and courts around the island? If the judges are trying more cases than the year before and more cases are being disposed off then we could see some justification for the increase in the number of judges and magistrates. However, if the system is merely piling up an even heavier backlog of cases, it must be brought to the attention of the public so the increased delays can be assessed and addressed.

In truth, enough is not known about the judicial system. For example, how many cases on average are tried by each judge? Who is themost and the least efficient judge - measured in terms of cases completed? What is the average length of cases tried? Without these and other basic facts, how can we work towards greater efficiency and improving the speedy delivery of justice?

When our justice system fails, our democracy cannot be sustained. Justice is the bedrock of a safe and secure society - but it is under threat of collapse. Our court system cannot continue to deliver even greater financial burden, untold inconvenience and bitter disappointments. It is time for new leadership, new direction and new personnel to provide a justice system for which Jamaicans can be proud and to which they can get justice in a fair and reasonable time.