Chief Justice, Mrs. Zaila McCalla's call for an audit of persons in state custody to determine how best to dispose of their cases is a useful idea that should be implemented as soon as is practical. We appreciate of course, that an audit is one thing and disposing of the cases another. But this would be an important first step in dealing with what has become an administrative nightmare in the justice system. For it has become a recurring theme every year for persons involved in the administration of the justice system to lament the tremendous backlog of cases, yet for no new approaches to be adopted in addressing the problem. Her comments after the opening of the Michaelmas session of the Home Circuit Court suggesting a new approach to an old problem is most welcome.
We note from yesterday's report that of the 285 cases listed for trial, 218 were traversed from the previous term. This is untenable. We trust that the members of the Jamaican Bar Association and Office of the Director of Public Prosecutions will lend their considerable skills in dealing with this important issue.
Of equal concern is the Chief Justice's observation of what she termed a lack of sufficient jurors to try cases. The problem here is not an inadequate pool of persons per se. Rather, many people evade jury duty because of the tremendous amount of time wasting that takes place in the system and the anaemic compensation for those who have to put their business on hold to carry out their civic responsibilities.
The inordinate delays in getting criminal and civil cases tried within a reasonable time has resulted in some accused persons in criminal cases languishing in jail for up to three years, in some instances, and complainants, witnesses and jurors having to attend court time after time without the trials being one step closer. The aphorism that justice delayed is justice denied is all too painfully clear in Jamaica.
Among the elements in the reform of the justice system that were undertaken by the last administration, and which should prove useful, are plans to build new courthouses and the upgrading of the physical infrastructure of other courts; speeding up the automation and modernisation of the judicial process; and the introduction of improved security measures for the officers of the court, court records, and the physical facilities.
These moves will no doubt help, but attracting high-quality staff to help the process will prove more challenging - given prevailing government rates. New and creative methods of compensating these public sector workers will have to be found. Almost every sector of the Jamaican society is crying out for urgent and special attention - education, health, the justice system. Such is the price we pay for persistent underdevelopment and high debt. Yet, as Mrs. McCalla's speech suggests, even within our present constraints, if we apply the will to address some of the most pressing problems, some headway will be found.
We await the recommended audit and the speedy implementation of a programme to begin clearing the backlog.
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