MCCALLA… timelines will be set

Chief Justice Zaila McCalla has given an intensive, impressive and forthright presentation of the progress made in the Reform of the Justice System as it embraces the judiciary. In her presentation she gave a broad view of the achievements and how the problems facing the judiciary are being tackled.

Following is the first part of a summary of her presentation at a recent public forum.

With the advent of the introduction of the so-called “paper divorces”, the Supreme Court is overwhelmed with numerous applications for divorce being filed each day. There have been many complaints about the rate at which divorces are being granted in the Supreme Court and the number of requisitions submitted by the deputy registrar because of insufficient information. She has had meetings with judges and attorneys-at-law in an attempt to find solutions to the problems.

Although Justice McCalla did not mention the matter, certain staff members of the Supreme Court forged the signature of a judge and fraudulently issued divorce papers to some couples and the staffers were arrested. The outcome of the case has not yet been published. I understand that measures have been introduced to prevent a recurrence.

Case management

The judiciary initiated the Criminal Case Management Project in 2006 and in 2008. The British High Commission became involved in the project through the Ministry of Justice. A steering committee for the implementation of criminal case management is led by the judiciary and includes representatives from the Office of the Director of Public Prosecutions, law associations, Ministry of Justice and the Jamaica Constabulary Force. Discussions are being held to address existing problems.

Effective criminal case management will ensure that cases are dealt with fairly, efficiently and expeditiously. It will ensure that due consideration is given to the rights of the defendant and will respect the interest of witnesses and victims. Case management will deal with pre-trial issues, including legal representation of the defendant, the defendant’s plea, trial dates, disclosure and issues related to witnesses, etc. The basic principle of criminal case management is early identification of the real issues in cases. Unresolved or new matters which may arise should be dealt with at a plea and case management hearing, the objective being to make the pre-trial hearing the last hearing before trial.

To ensure that cases are efficiently managed, Case Progression Officers (CPOs) have been identified. CPOs will liaise between the court and the parties regarding compliance with Judicial Orders and directions made at the Plea and Case Management hearings. Criminal case management will be instituted in January 2010 in a criminal court at the Corporate Area Criminal Court and in two other Resident Magistrates’ Courts. For Criminal Case Management to be fully effective, legislative intervention is required in several areas relating to defence disclosure, for example, Notice of Alibi. A decision has been taken to implement case management in certain criminal courts pending legislative intervention that could make the process more effective.

Delays

The long delays in the criminal courts have been chronicled by the Justice System Reform Task Force and many other studies. The waste of time in Jamaica’s criminal courts with numerous adjournments being made and granted is well known to all. The chief justice has received hundreds of complaints and will not seek to ascribe blame to any group, for if truth be told, “we are all to be blamed”: attorneys-at-law for scheduling many criminal cases in many courts for the same day, sometimes several cases in one court; unrealistic court fixtures; unpreparedness of both the crown and defence for one reason or another; failure of the relevant authorities to take persons in custody to court on time, incomplete investigations by the police; lack of timely reports from forensic experts; judges who are not as proactive as they should be, and there are other well-known cases.

However, the time has come to move beyond ascribing blame. Timelines will be set for certain events to occur to avoid numerous mention of dates. Issues in trials are to be identified at an early stage. This means that more detailed and earlier preparation of cases will be required by the crown and the defence. A trial should not be a “work in progress” seemingly without end, while other persons wait for years to have their day in court. We need to change the culture of adjournments and ensure that cases come on trial as quickly as possible. The defendant’s right must be protected at all times. The fairness of the trial process will not be compromised. The chief justice anticipates the cooperation of all persons in the system.

Nothing is being imposed on anyone, Justice McCalla said. “All we are seeking to do is to eliminate the waste of time and resources of witnesses, jurors and all other persons involved in a trial in order to ensure that matters are tried more speedily. Change is difficult but must be accomplished. Above all, greater consideration must be shown to the citizens of this country that we serve,” she said.

She also outlined a range of other matters to improve the judiciary. These will be dealt with when the summary continues.