Dear Editor,
I am impressed by the forthright and forceful letter by K Juman-Yassin, attorney-at-law, published in Stabroek News on June 18, 2008, dealing primarily with the functioning of the High Court. I agree with him that the High Court has the appearance of a ghost town when the court rooms are closed and work is totally absent. This has been a feature – not recently since Justice Chang became Chief Justice – since the beginning of this century. Mr Juman-Yassin did not mention that the Deeds Registry does not open before 8.30am and the security guards placed there are concerned that women/female customers do not have sleeveless dresses before entrance is allowed there. Juman-Yassin made reference to the fact that judges do not deliver judgments in good time or at all, as exemplified by the 10-year-old in a custody case who is now graduating from the UG. Appropriate action should be taken against them. If I recall, an amendment to the law is being proposed whereby it would become a requirement for judges to deliver judgments within a reasonable time. What is reasonable is a question that can be determined subjectively or objectively, and I suggest that it is important to determine a time-frame, and if judges do not meet it they should be dismissed. Mr Juman-Yassin said he was in agreement with the potential appointee who was invited to apply to be appointed a judge, but who refused to submit a letter of recommendation when asked. He went on to say that the person should not be appointed to act but should be given a permanent appointment. This flies in the face of his contention about judges not writing judgments. What assurance is there that a person who has just been appointed will write judgments unless he is put to the test? Why does one not want to act and make his mark and seek justification for permanent employment? Owing to the difficulty in getting judges who do not perform to be disciplined they are likely to remain to the end of civilization as we know it!
Mr Juman-Yassin is seeking the employment of senior legal practitioners as part-time judges. He is advocating the appointment of actors now. But let us consider this in the context of the Guyana situation.
Can a practising lawyer who accepts employment as a part-time judge be free of the stigma of apparent bias? He will still have his chambers open to the public and his staff. Who can prevent a litigant in a matter before him walking into his chambers to ‘brief’ him? But historically, can Mr Juman-Yassin tell us how many senior lawyers appointed years ago as acting judges performed satisfactorily? How many cases did each one complete within three months, and how many of their judgments were upheld by the Court to Appeal?
He made mention of Justice Rishi Persaud who apparently is working beyond the call of duty – doing Bail Court, Full Court, civil matters and divorce, and going to Berbice once per week to do Bail Court there. From enquires, Justice Rishi Persaud is the son of Mr and Mrs Prem Persaud. Mr Prem Persaud was a former judge and served with distinction and dedication.
Yours faithfully,
Sherwin Campbell
