It is an accepted fact that our judicial system is in dire need of drastic reform. The delay in the delivery of justice cries out for reform. This country has the competence to elevate itself to enviable international recognition in many areas of which our legal expertise is one. It is a burning shame that we now have a Back Log Department in our courts.
Every effort must be made to restore the delivery of Justice to an acceptable level. The operation of the Supreme Court is hampered by the many functions which it inherited by tradition but which can best be executed by other departments of government in a modern Barbados.
For example, there is no need for an application to the Supreme Court for the restoration of a lost title deed when there is already a Registrar to Titles whose office is well positioned to treat with such a simple incontestable matter. Similarly, the Non-Contentious Land Title suits that now occupy the "attention" of the Supreme Court for an inordinate number of years can easily be administered expeditiously by the same Registrar of Titles.
And that is not all. The Registrar of the Supreme Court is also the Registrar of Births, Deaths, Marriages and has of necessity to expend administrative time to attend to all ancillary matters. Inevitably, these duties cause a degree of inconvenience and despondency to persons transacting this and other business within the confines of the already congested court house. Innovative technology employed in this area could bring a speedy end to this problem by enabling the Post Offices in selected districts to share this responsibility under the Ministry of Home Affairs.
Thankfully, there is a commitment by the New Barbados Labour Party to create a Family Court. Hurrah! The archaic manner of treating with family matters, particularly tends to invite that inimical hostile environment so noticeable in criminal cases, without due consideration for necessity always of ensuring that the civility of family is of paramount importance.
I recall a 1989 instance, where obviously perjurious statements and conspiratorial arguments were advanced and accepted as if prearranged, within a family setting. This facilitated a rancid distortion of fact and law and procedure to gratify the tribal instincts and the authority and status of a person present.
That standard of common class behaviour was once the norm In the distant past of privately prosecuted blackguard matters before some magisterial district courts Fortunately, that substantive issue was later properly resolved by an oversight body. That grave incident was sufficient for me then to quietly speak about the creation of a Family Court. Unfortunately though, it was then considered not financially viable.
In realigning our court system, consideration should be given to providing adequate support staff. Each Judge should be provided with a Registrar and comparable clerical staff whose duties so defined and executed would result in the definite delivery of judgments, and ultimately the preparation and execution of orders. In this regard, personnel would have to respect their importance in our society and observe due attention to their performance at their respective desks.
I shall be pleased to offer additional ideas regarding the transformation to optimum productivity as I review my past experiences within the private and public sectors.
by Lincoln-Shelley
I am heartened by the decision to appoint three additional judges and have already lauded the proposal to establish the Family Court.
While I am satisfied that PM Mottley is capable of appointing persons of the highest integrity to the Bench, I believe that this also affords the New Barbados Labour Party Government an opportune moment to demonstrate its commitment to transparency by establishing a committee to interview prospective candidates for these positions. The present system of appointment by the Prime Minister "after consultation with the Leader of the Opposition" seems archaic, perhaps perfunctory, meaningless and subject to suspicion of autocracy.
Another aspect of our Judicial system that cries out for reform is the manner of process serving. Time was when writs issued out of the High Court were sent to the office of the Provost Marshal, a position then held by a duly qualified Solocitor. Service of Magisterial matters was performed by the Writ Department of the Police Force.
With direct reference to the above, I propose that there now be requirement that:
(a) the holder of the office of Chief Marshal be an Attorney-at-Law, or be the holder of a law degree from a recognized university.
(b) that all documents delivered to the Registrar for service bear reference to the rule of law by virtue of which the service is sought,
(c) that the Attorney-at- Law requesting the service, on filing the document with the Registrar, do certify to the Registrar that the intended service is regular and may be executed in accordance with the stated rule.
(d) that the return of such service be also certified to the Registrar by the Chief Marshal as having been duly executed.
(e) commensurate with the above, Deputy Marshals of the Court be fully trained and provided with appropriately drawn Rules.
Submitted by Lincoln. H. Scantlebury.
The number of High Court judges should be increased, sufficient to quickly clear the current backlog of cases waiting to be heard. In this regard, short term acting High Court judges should be appointed, necessary to deal with the backlog.
by
Philip Corrigan
As we all know there is a huge backlog of cases within the system placing a burden on the court, lawyers, judges and ultimately the taxpayers. Moving forward why not make certain charges payable via fine that can be readily payed at many locations and through many channels, I’ll expand.
Traffic cases, speeding, illegal parking and other minor offenses should be dealt with on the spot with a ticket that can be paid right there via credit/debit cards, online or after the fact at Surepay. Equip the police with smart phones that are tied into their system which will issue the ticket immediately. Should the offender not pay within a timely fashion (three days) enable a link to BRA because at sometime every citizen will need to get something from them (BRA) and if they have an outstanding charge they cannot proceed until they pay the fine with a late fine.
Litter needs to be tackled head on!!! Create a litter police 8-12 men equipped with one SUV type vehicle, for patrolling to catch illegal dumpers, some motor scooters for town as well as foot patrols. Again employ the fine method which I laid out already, I suggest small fines for this offense $25-50.00 as it’ll be enough of a deterrent yet it won’t cause a major upset to someone’s wallet.
Decriminalize marijuana in small amounts ie two spliffs or less. While I well recognize that there will always be people who see this as a gateway drug and refuse to listen to any other opinion the amount of people using marijuana is huge. I know that your administration is having a good look at this already but I voted and my voice counts.
by Bruce Slater
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