Unexecuted warrants slow justice process - Nearly $28m outstanding in three courts
Published:Thursday | July 21, 2011 | 12:00 AM
Erica Virtue, Senior Gleaner Writer
HUNDREDS OF unexecuted warrants in three randomly selected courts audited by the Auditor General Department (AGD) in 2009-2010 are slowing the process of justice, leaving the authorities no closer to recovering almost $28 million in related costs.
Officials from the Ministry of Justice made their second appearance before the Public Accounts Committee (PAC) of Parliament on Tuesday to respond to the findings of the Pamela Monroe Ellis-led AGD, which examined the ministry in 2009-2010 and tabled a report in December 2010.
Munroe Ellis found that more than 800 warrants of Distringas and Capias - issued to compel someone to do something, but usually for a person owing money based on a court judgment, or who fails to appear for a civil hearing, or for violation of bail bonds - were unexecuted.
However, capias warrants are different from criminal arrest warrants, but individuals can end up in court on these warrants.
"The records of the courts show that there were some 814 unexecuted warrants for the violation of bail bonds involving some $27 million. Now, if that rate extends across to other courts offices, that means we're talking in the realms of hundreds of millions of dollars and thousands of unexecuted bail bonds, which means that the courts are offering bail, people are absconding and nothing is happening," PAC Chairman Peter Phillips said.
Continuing, he said, "Apart from the loss of money, the justice system is being treated as a joke by the people who commit themselves, and are offered bail. It's an unimaginable situation in terms of the consequences that is has for justice, law and order, as well as for financial administration. How did the system break down to this degree?
Major Concern
Permanent Secretary Robert Rainford said the situation was of major concern.
"It's a very difficult task, I must admit. If we look at the whole matter of warrants at St Catherine, 31 warrants as at December, 50 per cent of the people were not found. Wrong address, surety not found, insufficient address given, and it continues like that. I must admit, Chairman, it is a recurring decimal," Rainford told the committee, but sought to downplay the issue somewhat.
"What is happening is that a commitment is issued. The person or the convict either serves time or pays money. Once the money is paid at the court it is OK. The person goes to the police station or to the correctional facility. What is happening is that there is a breakdown between the police, the correctional facilities and the court," he said.
According to him, persons may serve time, but the reports are not coming back to the courts system in time for records to be updated. Meetings with commissioners of police and corrections have been held, and the ministry has insisted that the monthly reports from the Correctional Services be returned in a timely manner.
Rainford said, in the courts system, officials were trying to have individuals present utility bills as proof of address and residence, but there were challenges when the bails were done at the police stations.
According to Phillips, all related entities were doing their own thing and the picture is "undesirable and untenable."