There is something very wrong with a judicial system when two defendants have to wait in custody for nearly six month for their trial. IN CUSTODY!! And the defendants have already been in custody for months.

And where is this happening?

Here in the Cayman Islands

I am referring to the case of Roger Moore (27) and Osbourne Douglas (25) who were arrested by police in May when police officers stopped a car they were in in George Town. It is alleged, when the men got out of the car, a semi-automatic weapon fell from the pants leg of Moore. Douglas, who had been driving the car, tried to grab the weapon and struggled with one of the police officers, who managed to retrieve the gun.

Both men have pleaded “Not Guilty” to the charge of possession of an automatic handgun. The evidence against Douglas’ is from DNA. He pleaded guilty to an original charge of obstruction and was sentenced to sixty days imprisonment, before being re-arrested and further charged.

The charges are serious and based on what I have heard both men do not appear to be upright law abiding citizens. However, no one should have to wait over six months for a trial and have already spent a long time before even getting a hearing for a trial date.

The Grand Court of the Cayman Islands has a backlog of trials. This is not the fault of the defendants.

Not everyone who is charged is found “guilty” and not everyone charged is guilty. Everyone who pleads “Not Guilty” is presumed not to be guilty.

So what is holding up the cases before the Grand Court? Not all the cases heard there are criminal. Is there a way to hear those at a “Special Court”? Although the backlog causing the delay is serious for the prisoner as he/she has a right for a speedy trial, but it is also serious for the prosecution. Witnesses can disappear and it is difficult to remember clearly as time goes by. Let alone the costs of keeping people locked up and this adds to overcrowding at the prison.

A lot of the cases heard at the Summary Court are drug related. I know we have a Cayman Islands Drug Rehabilitation Court, but it is a sentence/rehabilitation programme not a special court that deals only with drug cases. How about expanding it as a drug case only “Drug Court”? In searching for alternatives for the traditional handling of drug possession cases, a county attorney in Florida, USA, invented a way to reduce the strain on Florida’s trial courts by introducing this.

The public expects swift, certain justice rather than long, drawn-out processing of cases. Long pretrial incarcerations can also pressure some defendants into pleading guilty to crimes they didn’t commit.

Also in the USA, Congress enacted the Speedy Trial Act of 1974. It set time standards for two stages in the federal process: 30 days are allowed from arrest to indictment, and 70 days from indictment to trial. All 50 states have speedy trial laws, which are designed to spare defendants from enduring unnecessary delays, especially if they are incarcerated prior to their trials.

In an article found on cliffnotes.com, it says:

“One of the more promising means of increasing the efficiency of judicial administration in the [USA] courts is the use of technology. Dozens of automation projects are underway in courts across the United States, including new systems for jury administration. Imaging, Internet and Web technologies, satellite videoconferencing, and other cutting-edge technologies may improve routine court operations. Electronic alternatives offer promise for streamlining court administration, saving time and money, and improving the accessibility of the courts.”

I know the Judiciary and the RCIPS are aware of the problem and it is a money problem. But the money problem is two fold. It costs the country whether the trials are speedily dealt with or not.

So, why are WE waiting?