Inadequate resources slowing down courts, judiciary tells Quallo
KINGSTON, Jamaica — Chief Justice, Zaila McCalla, and other members of the judiciary have expressed that the “woefully inadequate” human and physical resources in the court system, which are the Government’s responsibility, are hampering the time in which cases are handled.
The judiciary was responding to statements on Tuesday by Commissioner of Police, George Quallo, about the likely length of time it would take to try the vast number of cases before the courts.
According to a release from the Court Management System last evening, the judiciary agrees with the top cop and is just as concerned, especially as the new matters are adding to the significant number of cases already in the system.
According to a release from the Court Management System last evening, the judiciary agrees with the top cop and is just as concerned, especially as the new matters are adding to the significant number of cases already in the system.
Quallo had complained about the slow pace of court cases, arguing that it has served as a challenge to crime-fighting efforts as murder cases take an average of seven years to go to trial.
“If this trend continues, the 967 persons we arrested for murder last year and the 284 arrested up to June 10 this year are not likely to face trial until 2024,” the commissioner argued.
He said while awaiting trial the majority of those accused are granted bail and are able to influence witnesses, whether with violence or bribes, resulting in non-convictions.
The judiciary reasoned that while it continues to work assiduously, within the available resources, to improve the delivery of justice, it is the responsibility of the Finance and Justice Ministries to provide adequate physical and human resources to enable the courts to handle the increasingly heavy caseloads.
“The provision of these resources has historically and continues to be woefully inadequate. This has negatively impacted the court’s ability to deal with the vast and increasing number of cases in the system,” it added.
It was also noted that only one case can be tried in each Court at a time and some cases will take longer than others, based on their nature and complexity.
“There have also been a number of occasions when several cases have been ready for trial in the limited number of Courts, but only one could be accommodated in each Court on a given day,” the release said.
Meanwhile, the judiciary outlined that within the constraints of available human and physical resources, they have been undertaking several Case Management Initiatives to increase the efficiency of the operation of the courts and improve service to the public.
These include:
1. Agreement evidence to enable cases to be tried only on relevant issues, as this saves time and expenses.
2. Advance Sentence Indications in order to encourage more persons to plead guilty if they are in fact guilty. (Recent legislation has also made generous provisions for persons who plead guilty, especially at an early stage).
3. Specialised Criminal Courts to deal with appropriate cases expeditiously.
4. Outreach sensitisation sessions in various regions across the island with all stakeholders including defence attorneys, prosecutors, police officers and medical practitioners to encourage these groups to embrace new measures to achieve greater efficiency.
“At these sessions, it has been emphasised that in order for these measures to be successful, it is not enough for accused persons to be arrested and charged.
“Cases must be properly investigated, case files adequately completed and most importantly, presented to the Court at an early stage so as to enable accused persons to be aware of the case that they have to meet. When files are not completed at an early stage, defence attorneys have indicated that it is difficult to properly advise their clients as to whether or not they should enter guilty pleas,” added the release.