Clogged Courts... Clogged Justice

Confusion around the courts
tribune242editorial:


NATIONAL Security Minister Tommy Turnquest told Parliament Wednesday that at least 252 persons charged with murder are still awaiting trial. Of that number about 130 are out on bail.

It would be interesting to know how many of those on bail have been charged with a second murder, or have themselves become the victim of another criminal's drive-by shooting. Up to April 30, 130 murder accused were still out on the streets waiting to be called in to face justice.

Lawyer Philip Davis told the House that a murder trial usually takes a month. He estimated that it would take more than 20 years to clear those now waiting for their cases to be heard. "A near impossible" task to deal with, he observed.

The courts are not only clogged with too many cases, but also cases cannot move smoothly and swiftly through the system because of constant delays, either for lack of witnesses, summonses that have not been served, or lawyers who need adjournments because of a conflict in their own calendars.

A businessman, who was to testify this week for a theft at his office, after waiting four hours outside court for the case to be called, vowed that in future unless death were involved, he would never again call in the police to get entangled in the judicial system. "It is ridiculous what happens at the court," he said.

He said his case was set down for Tuesday and Wednesday this week. He arrived at the court at 9.30am on Tuesday. There were so many prisoners already there that everyone was asked to leave the court to make room for them.

He waited with the crowd under the almond tree in front of Café Matisse to find some shelter from the blistering sun. Later he hurried under an awning to be protected from the rain. "I am a middle aged man in good health, but can you imagine what would happen to an older person, not in good health, under these conditions?" he asked. He battled with the sun and rain for four hours before his case was called. When he entered the court room at 1.30pm he was told: "Come back tomorrow."

The next day, he went even earlier to secure a seat at the back of the court. He said that a sympathetic policeman who knew what he had gone through the day before helped him find the seat. His case was the second to be called on Wednesday. He gave his evidence, but believes that there will be at least two more adjournments in the magistrate's court before the case can make it to the Supreme Court.

In the two days that he was there only two cases went ahead. About 40 had to be adjourned because either witnesses had not shown up, or summonses had not been served.

On Tuesday he said in one case alone 15 witnesses were called. Not one was present. Of the 30 cases that day, no one had shown up to give evidence. Each case had to be set down for a new date.

Even a prisoner complained about the non-functioning system. He told the court that that day was the fifth time that he had been brought before the court, but each time his case had been adjourned because no one was there. "This is ridiculous!" he exclaimed.

Also at no time did the businessman feel secure. He said there should be somewhere for witnesses to wait so that they do not have to be so near to the prisoners.

He said all the staff and the police at the court were friendly. However, it was obvious that the court was under staffed.

"It was a total eye opener for me to our criminal justice system," he said as he vowed never again to willingly expose himself to such an experience.

As for murder cases, Mr Turnquest told the House, government will specify an amendment to a bill now before parliament that three years is a reasonable time to hold murder accused in prison to await trial. In our own experience, we know of a case that involved the brutal murder in 2006 of one of our own staff members. The man accused of her murder was back on the streets after only 14 months. He is still a free man and no more has been heard of her case.

Under the constitution, said Mr Turnquest, a person accused of murder has a right to bail if they are not brought to trial in a reasonable time. With the slow pace at which many matters proceed before the courts this has allowed many charged with serious offences to be released on bail, sometimes coercing witnesses or committing other heinous crimes, he said.

"There's no question that the granting of bail to persons charged with murder is particularly controversial and emotive in our country. The public is concerned and rightly so that persons charged with murder are given bail and remain free to coerce, compel, and influence others and tragically to kill again," said Mr Turnquest.

"It is critical that more persons charged with murder have their cases decided by the courts and we believe that this Bill is a step in the right direction," he said.

We suggest that a court be designated just for murder cases with its own staff to bring in the witnesses and keep the cases moving through the system.

June 18, 2010

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