The Grenada Bar Association (GBA) has finally written to the Minister of Legal Affairs, Elvin Nimrod to officially complain about the non-functioning of the St. David's Magistrate Court since Hurricane Ivan

The letter dated, January 17 was sent by President of the local bar, Ruggles Ferguson against the backdrop of growing complaints from lawyers on the island about the state of affairs at the lower court.

Following is the full text of the letter:

Hon. Elvin Nimrod
Minister of Legal Affairs
Ministry of Legal Affairs
Church Street
ST.GEORGE'S

Dear Sir,

Administration of Justice - Non-functioning of the St. David's Magistrate Court since Hurricane Ivan

I wish to convey the very deep concerns, and indeed growing alarm, of the Grenada Bar Association over the continuing deterioration of the administration of justice in Grenada - a situation that has become even more pronounced in recent months.

We recognise the devastation caused to all sectors by the passage of Hurricane Ivan on September 7th, 2004, the court system and the legal profession being no exceptions.

Indeed we accept that even with good organisation, proper management, united efforts and the injection of adequate resources it would take some time, given the extent of the devastation, to return to a state of normalcy. We expect no miracles in the process.

What we cannot accept though is the seeming total neglect of an already fragile legal system, and an unwillingness on the part of the authorities to make the necessary efforts to ensure that justice is served and that public confidence in the judicial system is not totally eroded.

Sir, the total neglect of which we speak is best exemplified by the non-functioning of the St. David's Magistrate Court since the passage of Hurricane Ivan.

Despite the eagerness of the Magistrate and clerical staff to resume operations, that court, to date, has not sat on a single occasion. In fact, the court, located downstairs the Revenue office, has been left exposed to the elements and has become mosquito infested and uninhabitable after over 16 weeks of total neglect.

Following the damage caused by the hurricane to the roof of the Revenue office (upstairs the St. David's court), a minimum requirement ought to have been the temporary covering of that roof, at least to mitigate further loss. But even that was not done.

For the past four months not a single case has been heard in the St. David's court; lawyers have been unable to file a single document on behalf of their clients; the Magistrate has been unable to address the important functions of updating the jury list for the parish and overseeing the issue of liquor licences, both statutory requirements; and the public has been unable to access justice.

It is indeed alarming Sir, that the public has been unable to access the St. David's court over the past four months! Judgments cannot be enforced. Mothers without means or with inadequate means to support their young children cannot apply for maintenance orders against negligent fathers. People in pursuit of justice are being denied their day in court.

Add to the St. David's fiasco the ongoing neglect of the Supreme Court Registry and the Sir Archibald Nedd Law Library; the lack of proper physical and technical facilities (including basic fax and photocopying facilities) in most of the magistrates' courts; the unacceptable accommodation in our courts for our Judges and Magistrates; the woefully inadequate resources being injected into our court system to meet the challenges of the rapidly growing number of cases entering the system and of the New Civil Procedure Rules introduced in 2000.

The picture becomes clear - absolutely no priority or very low priority is being given to our justice system, notwithstanding its importance in the maintenance of law and order in the country!

We also wish to draw your attention to what remains of the No 1 High Court (downstairs the York House Parliament building), with all its antique furniture and fittings left exposed to the elements since Hurricane Ivan. We urge you to act now to save what's left, before it's too late.

As you are no doubt aware, the judiciary represents a co-equal arm of the state, just as critical as the legislative and executive arms. It ensures the maintenance of the rule of law, protects and enforces the rights of the citizen, and facilitates the orderly and balanced development of the democratic process.

Serious and immediate attention therefore needs to be given to the Administration of Justice. Sir, we urge you to use your good office to ensure that facilities, albeit temporary, are made available to ensure the functioning forthwith of a court in St. David's, and that the other pressing problems adversely affecting the administration of justice are addressed as a matter of urgency.

We avail ourselves to meet with you at the earliest opportunity to discuss the problems and to offer proposed solutions. As always, we stand willing and ready to work with all stakeholders to facilitate the smooth and efficient administration of justice.

Yours truly,

Ruggles Ferguson
President