The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE judiciary would be more efficient if it received additional funding and had control of its own finances, Chief Justice Sir Hartman Longley has said.

Speaking at the recent opening of the 2016 legal year, Sir Hartman stressed that a number of the existing structural issues with court buildings continue to interfere with the administration of justice.

“Depending on Ministry of Works to get things done speedily or on Ministry of Finance for speedy financial clearance from officials is a time consuming and frustrating process,” Sir Hartman said.

“And so a fund needs to be put at the disposal of the chief justice who will answer to the Public Accounts Committee of the House of Assembly for the expenditure.”

“Modern thinking executives ought to be able to see the wisdom of such a proposal. I suggest an initial fund of $2m,” the chief justice added.

Complaints of structural issues at the various courts are not new and have been documented over the years.

In late October 2013, there was a plumbing issue that caused sewage back up for two days at the multi-million dollar South Street and Nassau Street court complex that was officially opened in January 2012.

Cases were adjourned due to the partial flooding in the foyer and cellblock of the compound that produced an unbearable stench.

On November 5, 2013, in the Supreme Court, Justice Vera Watkins adjourned matters because of a malfunctioning air conditioning unit and plumbing problems in the court.

She was scheduled to conduct bail applications and case management hearings but the air conditioner had been out of service for over a week. Mould was also reported to be forming in the courtroom.

Last Wednesday, Sir Hartman said these issues persist more than two years later.

“The Nassau Street Magistrate’s Court has had a slew of plumbing and sewer problems that have affected the running of the courts. I am hoping they are behind us now. There are still elevator problems in Nassau Street.”

“The Freeport Magistrate’s Court had for quite a long time air-conditioning problems that made it almost impossible to function. The country should be grateful to these judicial officers and staff who stayed the course notwithstanding the difficult conditions and toiled to keep the administration of justice in Freeport functioning.”

“A similar story exists for this main Supreme Court in Nassau. We have been having unresolved air-conditioning problems all last year. And unlike the Magistrate’s Court in Freeport, not only is there staff in this building but we have had to accommodate jury trials in this building.”

The chief justice said relying on the relevant government ministries for a quick response to address the problems on an urgent basis “has been extremely disappointing and frustrating”.

“On one occasion I had to dig into my personal funds to try and expedite the situation so that some comfort might come to the staff.”

“These are all issues that have contributed to delay in trials and given the age of the inventory and the ongoing problem the likelihood is that these will continue to be problems for us going forward.”

“These very pressing issues highlight the need for more substantial commitment of public resources to fund judiciary and the necessity the government to be more responsive to the needs of the judiciary. The fact that the judiciary is the third branch of government and independent of the others has particular constitutional significance.”

“It cannot be gainsaid that the government has a constitutional duty to provide adequate resources to fund the judiciary. Otherwise independence of the judiciary would be a fiction and we would only be paying lip service to that principle.”

The chief justice argued that all aspects of funding should be brought under the effective control of the judiciary as “true independence for the judiciary from the hands of the executive is in the execution of its mandate”.