The visiting UK judicial experts have suggested that the system of preliminary inquiries into criminal cases be abolished as it is a significant cause of delays in the delivery of justice in Guyana. But Chancellor of the Judiciary, Justice Desiree Bernard, says the Bar would need to be consulted first.
"People could be committed for trial on the basis of sworn written statements, or, even in the most serious cases, sent straight to the High Court within a week or two of being charged," leader of the team, Judge Martin Stephens, QC told reporters yesterday at the Court of Appeal.
From left are Mark Camely, Judge Martin Stephens, Judith Lennard and British High Commisisoner to Guyana Edward Glover.
He explained that in the High Court, the judges would then be able to manage the cases; could impose a strict timetable for all the procedures that lead to an early trial and the right of defendants to make no-case submissions would be fully protected.
"It is a well-known legal aphorism that justice delayed is justice denied. The effect on victims, defendants, witnesses and those close to all these people can be very serious. People who are kept in gaol for years awaiting trial may be shown to be innocent. People who have valid claims for damages may be kept out of their money so that they are ruined," Judge Stephens asserted yesterday.
However, Chancellor Bernard who responded to the recommendations made by the visiting team, indicated that while abolishing the preliminary inquiry system would speed up the hearing of criminal trials, she could not act arbitrarily on the issue and had to work with the Guyana Bar Association. In the past, concerns have been expressed in legal circles here that many confessions are forced from accused persons through violence inflicted by the police. Many of these confessions are then subsequently thrown out at the trial stage.
Justice Stephens was accompanied by Judith Lennard, who has responsibilities for fair and open judicial appointment procedures and attracting candidates to the judiciary from the legal profession and Mark Camely, director of Criminal Business in the UK Court Services. They arrived here on Sunday to follow?up on the findings of an earlier report done by two UK experts on reforming the judicial system in Guyana.
Justice Stephens said that among the views held by the visiting team which required particular and in some cases urgent attention was the delay in bringing cases to the court and then to trial and conclusion.
Another recommendation made to shorten this delay is to introduce custody time limits. Judge Stephens said this would mean that trials have to start within a maximum period after a charge or committal to the high court. "If they are not, the defendant might well have the right to bail," he said.
He also underscored the need for more judges as a desperate need of the judicial system as well as magistrates.
"As in the UK, they must be remunerated appropriately, so that high standards can be maintained and even improved," said the judge.
Lennard indicated that judges earned between 70,000 to 90,000 Pounds Sterling per annum.
The local judiciary has put forward a request for the government to consider "an enhanced remunerative package" for the judiciary so that the existing four vacancies could be filled. Chancellor Bernard also hopes that the government will look favourably at the proposal to increase the complement of judges from 11 to 14 as was recommended. She reiterated yesterday that a significant reduction in delays and backlogs lay in having more hands on the deck. She noted that the Chief Justice had a difficult time in assigning cases because of the limited number of judges and that the opening of another court in Essequibo soon, would make matters worst. She said while the government was committed to assisting in the matter, it was currently dealing with other pay hike demands as well.
Judge Stephen's team also underscored the need for part-time judges who could sit for four to six weeks per year, but noted the need for these persons to be properly trained as permanent judges. The new Constitution makes provision for part-time judges but parliament still has to determine the manner of their appointment and their scope of work.
The final issue on which Judge Stephens pronounced was the Guyana Law Reports, which are 26 years behind in publication, and the English Law Reports, which are available in Guyana but have not been updated and are in short supply. "Law reports, which contain the judgements of the higher courts which are binding on lower courts lie at the heart of your and our judicial process. They are the tools of our trade. These omissions must be put right and I have been gratified to hear from the Chancellor that steps are being taken to produce your own report in the near future," Judge Stephens said.
On this issue, Chancellor Bernard said that the first volume of the 1975 Law Reports had been published and the second volume would be out shortly. She said there was a possibility of the 1976/7 reports also being published, to be followed by others in the New Year. She also underscored the importance of the law volumes as justice system tools and said the update was something that she and the Chief Justice would be giving priority to in the years ahead.
Judicial review report
The judicial reform report by retired justices Esyr Lewis and John Baker which is the subject of review, recommends vast changes in the judiciary. But financing has been highlighted as the crucial impediment, even as Chief Justice, Carl Singh, and Chancellor Bernard begin work on the non financial aspect.
The Chancellor noted that the source of potential judges had always been the Attorney General's Chambers, the Director of Public Prosecutions' Chambers and the magistracy, but these places now had their own staff shortages and this made it a problem. She noted that the option open was the private Bar and while suitability was an important issue, the inability to pay attractive wages was a deterrent to persons assuming positions in the judiciary. Lennard said that while British judges did not enjoy salaries comparable with what they would earn in the private sector, they did enjoy a decent pension.
Meanwhile, British High Commissioner to Guyana, Edward Glover, said he expected that at the end of this month, a report on the visit by the team would be available, highlighting the specific areas in which the UK might be of assistance.
He mentioned that the possibility of judges going to the UK to shadow some of the judges in courts in that country could be explored with the Chancellor and the Chief Justice, as well as the UK providing advice on a face-to-face basis or online. He also said that there was a possibility that library material could be made available to Guyana's judiciary so it could update its own library.