Justice system buckling under poor infrastructure, says Court of Appeal president
PRESIDENT of the Court of Appeal Marva McDonald-Bishop has added her voice to those expressing concern about the state of Jamaica’s courthouses and has declared that modern law practitioners require up-to-date and reformed facilities.
Speaking at King’s House during a swearing-in ceremony for eight members appointed to serve in higher offices on Thursday, McDonald-Bishop pointed to the Bible verse Matthew 9:17 which states: “Neither do people pour new wine into old wineskins. If they do, the skins will burst, the wine will spill, and the wineskins will be ruined. No, they pour new wine into new wineskins, and both are preserved.”
She argued that the Bible verse is a metaphor for Jamaica’s outdated legal system and called for modernisation to usher in a new generation of practitioners to interpret and apply the law.
“The image of the new wine being poured into old wineskins offers a useful reflection for the administration of justice in our time. The metaphor indicates that new realities or transformative ideas cannot be maintained within rigid or outdated structures without those structures being renewed. As I considered the metaphor, I thought of my newly appointed judges. In every respect, they carry the image and the features of that new wine. But have they been poured into new wineskins or old wineskins?” said McDonald-Bishop.
She charged that Jamaica’s courts are lacking in several critical ways, which stifles the productivity of its professionals.
“Our courthouses reflect older architectural and operational designs that really are not suitable for dispensing justice. Inadequate facilities for victims and witnesses. And even though we can’t afford that fee for looking out for jurors in terms of a stipend, we do not have facilities to give a house of jurors to comfortably adjudicate or deliberate on cases. Limited technological infrastructure — although we talk about virtual hearings and meeting the people where they are,” charged McDonald-Bishop.
She pointed to the Court of Appeal building in downtown Kingston and charged that while it appears pristine on the outside, it nevertheless carries many flaws including several security risks, and poor solid waste management.
“The Court of Appeal [building] may seem new on the outside, but it’s crumbling on the inside. Not because of neglect — because, to be fair to the Minister of Justice [Delroy Chuck] and the Permanent Secretary [Grace Ann Stewart McFarlane], and the Court Administration Division, they have given us everything we need — but… now the sewage is seeping into the Court of Appeal, affecting us day by day. Homeless people pose a serious security risk for us. The taxi operators who park at the court steps pose a serious security risk for us, and so do the higglers who ply their wares along the courts,” said McDonald-Bishop.
She argued that as the global space changes and becomes more technologically advanced Jamaica’s legal practitioners must also be given opportunity to evolve through the modernisation of their work environment.
“When old wineskins become problematic, they cannot stretch, they burst under new pressure or they prevent real transformation. I join with the Chief Justice [Bryan Sykes] in calling upon the powers that be to pay greater attention to the needs of the justice system for better courthouses,” added McDonald-Bishop.
In his address to the swearing-in ceremony Chief Justice Bryan Sykes also expressed concern about the state of the island’s courthouses.
Sykes pointed out that after Hurricane Melissa — which made landfall in Jamaica in October 2025 causing damage to several courthouses — the judiciary met with officials of the Ministry of Justice to get the main courts in Savanna-la-Mar, Westmoreland, either renewed or replaced.
He charged that five months after the Category 5 storm, there has been no correspondence from the Government indicating its intention to restore the buildings.
“Would you believe that to date there has been no response in terms of getting the main courts in Savanna-la-Mar either up and running or being replaced? Nothing has happened. And when we say that we need a larger budget, we are told that we are taking on things that are best left for the Ministry of Justice. But…if a Category 5 hurricane cannot spur you into action after months, what good reason is there to believe that anything at all will spur you into action?” said Sykes.
He announced that through the judiciary’s budget it has been able to carry out repairs to several courts across western Jamaica to ensure that members of the judiciary have appropriate spaces to work.
According to Sykes, the judiciary has repaired and improved circuit and family courts in Westmoreland and Trelawny, respectively.
“And so, we repeat… that the judiciary needs to have greater control over the resources, and it’s a simple division of labour, make the buildings, hand them over and we will maintain them because as the experience of Hurricane Melissa has shown, the ministries are an unreliable partner in this endeavour,” charged Sykes.