In the Chief Justice of the Cayman Islands, Anthony Smellie’s, 2017 Report he again brought up “this perennial subject of concern” – The Court Building.

The Chief Justice seemed optimistic last year there would be start on such a project. In his speech last week he seemed less so.

However, he pointed out the fast approaching dangers of not having a new and much larger court building.

He said:

The consequences of the lack of court rooms and office space for the Administration of Justice are always apparent and cannot be ignored. We must do all we possibly can to avoid the situation, so lamentably common-place in less developed countries, where people, all of them innocent until proven guilty and many of them ultimately acquitted of wrong-doing, languish in prison for unacceptably long periods of time before disposal of their cases. As I will come later to confirm, thanks to the stalwart efforts of all concerned, we are mercifully not yet in that situation. But we will find ourselves there inevitably and not very long from now, unless the new building becomes a reality.

“While the need for a new building has long been recognized and accepted by Government, it still is not yet a reality. It would be remiss of me therefore not to mention at least some of the most pressing and current concerns. This year I stress the difficulties being faced by the Summary Courts in particular. These Courts are increasingly hampered by the lack of certainty about available court rooms. All criminal cases first enter the system through the Summary Courts where an average of 10,000 criminal and traffic charges are filed each year. Simply to keep abreast of the case load, several sittings must be scheduled each day. This has become almost logistically impossible because, in deference to cases set before the Grand Court and Court Of Appeal, the Summary Courts are frequently prevented from using court rooms to which they have become accustomed. As a consequence last year, lists had to be combined at short notice or several magistrates had to share one court room, staggering the times of the sittings. Whenever this occurred, few if any trials could be started and completed and there were many adjournments.

“In addition to the threat it poses to the right to a timely trial, needless to say, this is also a disservice to all court users, including the very many members of the public who must attend to these cases.”

He mentioned that last year PWC had been engaged to develop the business case for the new building and confirmed they had executed this task.

However, even though the firm had come up with three alternative design options “each of them presented immediate concerns about feasibility and affordability.”

It was therefore going to be proposed, he said, for Cabinet to instruct PWC to “go back to the drawing board” and come up with a “fourth and possibly a fifth more affordable option”.

I am not privy of course to what went on when PWC were engaged but surely they were given a sum of money that they had to work that was affordable. The need for “10 court rooms and ancillary offices and operational spaces” could surely be phased over a period of time and a start made immediately after the election?

The Chief Justice took a swipe at one of our media houses editorials – it was not this one!

He said:

“It is a testament to the dedication and hard work of the judges, magistrates, the lawyers (both Crown and private), the support staff of the Administration and the RCIPS, that despite all the challenges, we have not yet arrived at the kind of “gridlock” that a recent newspaper editorial describes. While a more accurate and thoughtful piece might usefully have discussed some of the challenges being faced, it is simply untrue to suggest that there is “gridlock within our Courts.” Notwithstanding the lack of court rooms on which I just reported, and the other practical challenges facing the Summary Courts, last year they managed to dispose, nonetheless than in years before, of 1,639 criminal and some 8,860 traffic cases in Grand Cayman and 277 such cases in Cayman Brac. They also dealt with 144 cases involving youth offenders and the Coroner, almost exclusively in the person of Magistrate Nervik, disposed of 53 inquests.

“Also worthy of note here because of the special challenges such cases present, the informal Mental Health Court, disposed of 47 criminal cases.”

Very commendable indeed.

I believe this country is extremely lucky to have a Chief Justice who is thoughtful, dedicated, and a diplomat. He is also ready to listen and I can vouch for this one, he judges with complete impartiality.

I do hope his new Court building will “soon come”. We are in urgent need of it.