Dear Editor,
The Caribbean Court of Justice (CCJ) has again spoken out against the delay by the Barbados judicial system in delivering decisions in a timely manner. But it is not only the Barbados courts which are guilty in relation to delays. The judges should remember that justice delayed is justice denied.
The CCJ used strong language on Wednesday in granting leave to appeal to four persons to quash their conviction for drug related offences and their sentences of lengthy prison terms. The CCJ said there is serious disappointment in the delay of the justice system and urged that steps be taken to remedy the situation.
The highest court of the land also clarified the interpretation of a crucial statutory provision which prior to the ruling had never had been judicially ventilated. The CCJ ruled that “21 days after conviction” should be interpreted as “21 days after sentence,” as the sentence ultimately entails a judicial determination of guilt.
The Guyana courts are also being criticized for inordinate delay although there is a time limit act requiring judgment to be delivered within thirty days. In the Darnley v Reid matter the decision was not delivered until 17 months after the hearing was completed. There are several decisions yet to be given by the Guyana Court of Appeal including the libel action brought by Bharrat Jagdeo against columnist Freddie Kissoon, and the 2011 budget decision where CJ Chang ruled that the then opposition could not reduce the budget, but could vote against the entire budget.
The situation is not different in the Eastern Caribbean Supreme Court (ECSC).
Dominica is the only OECS state which has abolished appeals to the Privy Council and accepted the CCJ as the final court. Antigua and Barbuda will soon make a decision since a referendum is being put in place to pave the way for the regional court.
Decisions from the CCJ are binding in Guyana, Barbados, Belize and Dominica, the four countries which so far accepted the regional court as final. In the other jurisdictions, rulings from the CCJ will be persuasive.
It is surprising that in the Eastern Caribbean justice is not dispensed expeditiously, since there are 17 high court judges in the nine circuits as well as four appellate judges. Incidentally 80% of them are female including the Chief Justice. Twelve years ago the number of judges was far less than the present complement, but the court docket was not as heavy.
Yours faithfully,
Oscar Ramjeet
