The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE public’s confidence in the judiciary is the real source of its power and the real basis for its existence, the Court of Appeal president said yesterday.

Speaking at a special sitting to mark the opening of the legal year for the appellate court, Justice Anita Allen addressed what was perceived to be disharmony between the executive, judiciary and the Royal Bahamas Police Force. She urged all three to dispel the perception.

“It is said that ultimately, the public’s confidence in the judiciary is the real source of its power and the real basis for its existence. But although it is a bulwark against tyranny, the judiciary is a fragile master.”

“The judiciary’s independence, impartiality, and its authority, must therefore be jealously guarded at all costs,” she said, warning that  “we ought never then to allow the perception of disharmony between the executive, the judiciary and the police to exist.”

“Indeed, all of us must at all times, be seen to be working assiduously, to strengthen and improve the administration of justice for the common good. By increasing our efforts to be accountable, hopefully, hopefully, we will at the end of the day, strengthen the public’s confidence in us.”

Three weeks ago, at the Legal Year opening ceremony, Chief Justice Sir Michael Barnett cautioned the government on the “dictatorial impression” it created in announcing a plan to have 10 criminal courts run simultaneously in 2014.

While commending the initiative he’d previously suggested, Sir Michael reminded the executive that the deployment of judicial resources “exclusively” rests with himself and the judiciary.

He gave the government the benefit of the doubt that it was not intending to give the general impression it was dictating to the courts.

However, he urged the government to be mindful of its language in making its announcements.

“Whilst I am satisfied that this is not their intent, it is imperative that they do not undermine public confidence in the judiciary by language and statements that leave this impression.

“The fight to protect the community from the scourge of crime is a collective effort.

“We must work together! The police, the Crown, the defence counsel, the public, as well as the courts.”

Last summer, Prime Minister Perry Christie said the government will look to initiate measures to increase the number of criminal trials being heard at any one time.

During her contribution to the Legal Year ceremony, Attorney General Allyson Maynard-Gibson said: “The judiciary has leave to accept government’s proposal that up to 10 criminal courts should run concurrently.

“People have asked whether 10 courts will make a difference. Ten courts by themselves will not make a difference.

“Ten courts together with new strategies will make a difference. They will enable serious matters to be routinely brought on for trial within a year for a person being charged, which will dramatically reduce the numbers charged for serious offences being released on bail.”

The Attorney General said March 3 is the date when “the temporary courts are expected to commence operation.”