The huge backlog of cases in our legal system that have been sitting there for 5 years and over are doing nothing but clogging up the system.

What should be done about it? What can be done about it?

Nearly every year goes by with more cases adding to the pile and even when there has been an improvement it is tiny.

There have been calls from local lawyers, and other members of Caymans’ judiciary, that have called for a time limit to be placed on cases to be dealt with by the courts.

“It is unfair on the accused,” is the cry. And that is true.

In a story sent to me by a local lawyer published today (Tue 22) in the Jamaica Observer says exactly this and it highlights an opinion from Jamaican Justice Minister Delroy Chuck under the banner headline “Chuck them out”.

Journalists just love people with surnames like this!

From Jamaica Observer:

Justice minister urges judges to dismiss cases in court for 5 years or more

CHUCK… we must get cases tried and completed within a reasonable time

Justice Minister Delroy Chuck wants judges to dismiss cases that are in the system for five years and more by the end of this year, arguing that it is unfair to have people going to court for such a long time to have their cases settled.

“I would urge that this year, those cases, unless there are reasonable grounds for them continuing, should be dismissed for want of prosecution. It is just not fair that any accused person, even if he is guilty, has to be going to court for five years hoping that their innocence can be pronounced,” Chuck told a forum on the Justice Undertakings for Social Transformation (JUST) Programme late last week at the Jamaica Pegasus Hotel in New Kingston.

He suggested that timelines be established for the disposal of cases to ensure efficiency in the justice system and protect the rights of Jamaicans.

Chuck expressed hope that in another year the country would get to the point where it had no cases over four years old, and that, eventually, we get as close as possible to cases no older than two- or one-year-old.
“We must get cases tried and completed within a reasonable time,” he said.

Chuck acknowledged that there are challenges facing the justice system, such as a shortage of judges, but said that measures are being undertaken to address these issues.

In January this year, then Justice Minister Mark Golding pointed out that problems plaguing the jury system have contributed significantly to the delays in disposing of criminal cases in the Circuit Courts.

“The provisions in the law have made it difficult to raise sufficient numbers of jurors to serve the current needs of the criminal justice system. Cases which were ready for trial have often not been able to proceed because of these difficulties, and this has been a contributory factor to the backlog of cases in the Circuit Courts,” Golding said in an article published in the Jamaica Observer.

He pointed out that his ministry responded to the situation in 2013 by developing a position paper with proposed reforms to the jury system, which was shared with key stakeholders, and they were invited to provide their comments.

“The comments received from them were taken into account by the ministry in the development of the Jury (Amendment) Act that was introduced as a Bill in Parliament and passed by both Houses in 2015,” Golding said.

Earlier that month, Chief Justice Zaila McCalla announced that five-year-old cases, which have not been tried, will be placed on a special list and set for mention on Wednesdays between 10:00 am and 1:00 pm. That measure, she said, would ease the backlog of cases within the courts.

McCalla, who was addressing the ceremonial opening of the Hilary Session of the Home Circuit Court on January 7, hailed the passage of the Amended Jury Act and said that judges, attorneys and the police have a role to play in the transformation of the justice system, adding that they must ensure that valuable court time is not wasted unnecessarily.

There were 522 cases listed for trial during the Hilary Term, which ended on March 18.

The JUST Programme, which ends this year, is being undertaken through CA$20 million in funding from the Canadian Government. In addition to helping to reform Jamaica’s justice system, making it more efficient and accessible, the programme is designed to raise public awareness about legal processes and procedures and inform individuals about their rights.

Canada’s High Commissioner to Jamaica Sylvain Fabi said that the JUST Programme has been successful in supporting legislative reforms, including establishing sentencing guidelines, and facilitating timely release of judicial decisions.

He said the Canadian Government is “seriously looking” into extending provisions under the programme, noting that “there are things we should continue to do”.

“The Canadian Government is honoured to be a part of the justice reform programme in Jamaica,” he said, and commended the Jamaican Government on the successes.

SOURCE: http://www.jamaicaobserver.com/news/Chuck–them-out-_55431

I agree. 5 Years and over – OUT!!