RUNAWAY BAY, St Ann — Chief Justice Bryan Sykes has rejected suggestions that the Court Administration Division (CAD) is to be blamed for the shoddy state of the country’s courthouses.

“In 2016 the CAD was placed on a statutory footing under the chief justice and, even with that, capital expenditure was — and still is — the responsibility of the Ministry of Justice,” Sykes said Monday morning at Jewel Paradise Cove in Runaway Bay, St Ann.

He was speaking during a Judiciary of Jamaica press briefing called to provide what was described as “critical updates on the current state of the courts across Jamaica”. The briefing came after Justice Minister Delroy Chuck intimated, during a recent discussion on Radio Jamaica’s current affairs evening show Beyond the Headlines, that the CAD had dropped the ball where maintenance of buildings was concerned. Chuck also claimed during the discussion that he was unaware of the state of the widespread problems at the country’s courthouses.

Established by the Ministry of Justice in August 2009, the CAD’s responsibilities include property management and maintenance.

On Monday, Sykes acknowledged this role, but stressed that any criticism of CAD’s stewardship must include placing all the facts on the table.

“Perspective and accuracy are important, because the impression has been created that the courts were well-maintained institutions and have gone into decline since the Court Administration Division came into existence and has responsibility for the maintenance of the court. That is simply inaccurate,” said the chief justice.

He pointed out that there are well-documented reports on shortcomings within the system.

“Look at the Vision 2030 document and you will see the executives describing the courts as inadequate, old, and dilapidated. We are not talking about simple maintenance in terms of broken toilet, light bulbs or painting of walls, we are talking about significant infrastructure work that needs to be done,” said Sykes.

He made it clear that he was not ascribing blame, but merely setting the record straight.

“It is not about pointing fingers; it’s about ensuring that there is accurate and reliable information presented to the public so they can form an informed opinion,” said Sykes.

The chief justice lauded court staff who have had to endure substandard conditions.

“They are not being placed in a position to give of their best. They are in cramped spaces, making it uncomfortable for them but we thank them for the perseverance that they are showing. Especially staff at the parish court, they have done extraordinarily well under difficult circumstances,” he said.

“They deserve to use good buildings, it is not like you are providing them with a luxury,” he added.

During an interview with the Jamaica Observer on the sidelines of Monday’s media briefing, CAD Chief Executive Officer Tricia Cameron-Anglin said it has been a challenge keeping staff motivated enough to work despite their surroundings.

“The conditions have been like this for a while, but our chief justice said, let’s do what we can with what we have. So we have asked the staff to work and dream with us, and we have kept it very real with them,” she said.

“We communicate a lot and bring our executive team across the island into multiple sessions to help drive home the fact that we are in this together. People really just want to know that we are listening and we also give practical solutions,” Cameron-Anglin added.

She acknowledged work done by the justice ministry but said it needs to do more.

“The work that needs to be done requires collaborative leadership and effort because of how sustained they are. As soon as something is fixed here another issue arises in the same building which is linked to a deeper issue and is way more than our budget can fix,” she said.

The chief justice, in his address, had pointed to the need to address shortcomings at the courthouse in Half-Way-Tree where, he said, the building simply does not have the capacity needed.

“The Ministry of Justice should be making provisions to construct new buildings, designed solely for the purpose of court proceedings and to comfortably accommodate judiciary staff,” he said.

Sykes also spoke of the urgent need to repair shoddy structures.

“With the exception of the courthouse in Clarendon [and] St Thomas, which are soon to be fully renovated, and the newly built Family Court in St Ann’s Bay, all other buildings on the island that are used as a courthouse need to be refurbished or relocated into their own space,” the chief justice argued.

“The courthouse in St Ann’s Bay, there is no space for it to expand, because the building is being shared with the municipal corporation and it is their building. In Trelawny, the roof of the main court caved in many years ago; Trelawny needs a new court — not just maintenance,” Sykes stated.

He said revenue generated by the court system is not enough to fix long-standing issues and urged the Ministry of Justice to play its part.

“Portland has a long outstanding sewage problem; that is not regular maintenance, it requires significant capital expenditure. St Mary has an electrical problem. I was there doing Circuit Court and the air-conditioning units couldn’t be switched on because the carrying capacity of the wiring system couldn’t manage and there is the inherent risk of a fire; regular maintenance cannot fix that,” Sykes said.

The chief justice suggested that an approach used in other jurisdictions may be the answer to the challenges being faced locally.

“The solution is to do what has happened in Guyana or Kenya; and that is, the judiciary prepares its budget and then allocations come directly from Parliament. In Guyana they buy their own land and build their own courts, they are in the business of buying and developing courts infrastructure,” he said.

“The chief justice in Kenya is obliged to give an annual report of their work and what they have done with the money. The point I’m making is to give the judiciary the money,” Sykes added.

In a media release on Monday, Opposition spokeswoman on justice Senator Donna Scott-Mottley called on the Government to fix infrastructural issues within the country’s courts.

“It is shameful that both the staff and legal professionals must operate under such deplorable conditions. This Administration’s inaction shows a glaring disregard for our justice system, which is foundational to the rule of law. The neglect not only impacts those working within the courts, but also undermines the rights of citizens seeking justice,” she said.

“Courts are a pillar of democracy, and the conditions that have been allowed to persist are an affront to justice. Again, I call on the Government to treat this issue with the urgency it deserves,” Scott-Mottley added.

Chief Justice Bryan Sykes speaking at a Judiciary of Jamaica media briefing at Jewel Paradise Cove in Runaway Bay, St Ann on Monday. (Photos: Akear Davis)