May 24th, 2005

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

Dear Sir,

Re: Non-functioning of the St.David's Magistrates Court

Further to our letters to you dated January 17th and March 14th, 2005, and our meeting with you on March 22nd, 2005, we again write regarding the above.

Sir, it is now nothing short of outrageous, and a serious and inexcusable dereliction of duty, that the St.David's Magistrates Court is not yet functioning, approaching close to NINE (9) MONTHS after the passage of Hurricane Ivan.

Despite all our representations, our proposed solutions to solve the problem, our actual efforts to co-ordinate the exercise, and the undertakings given to have the court ready, first by April 7th and by other dates thereafter, the people of Saint David today remain without a court a sad indictment of the priority and respect given to the legal system, the rule of law and, of course, the law abiding people of Saint David, especially, those who wish to use the courts to settle disputes.

Notwithstanding a lack of physical, technical and other resources, all the other Magistrate's Courts are functioning. In striking contrast, persons seeking relief from the courts cannot even file documents in St. David's, much less get a hearing from the court. Surely, Sir, you do understand the seriousness of this situation.

Daily I receive calls from lawyers and members of the public on this matter. Only this evening I received a call from a lawyer who had an urgent application to make, on behalf of a St. David's resident, for a restraining order under the Domestic Violence Act.

Like in so many other instances, such an application is done on a jurisdictional basis, and must be made in the St. David's court. But where is the court, Mr. Minister? Do I need to further elaborate?

Initially (in March) we were informed that it would take seven (7) days to have the court physically in shape. We have spoken to all concerned and from all indications the necessary financial support was not provided to get the court functional within the periods promised.

Sir, we have done all that we could to work with your administration to ensure the St. David's court is up and running. What else are we required to do to get results? Picketing or may be another march by lawyers on the streets? We have pledged publicly, and privately with you, the willingness of the Bar to work together with all the stakeholders, including your office, to ensure the smooth administration of justice.

We have been doing our part in ensuring that our relationship is marked by a spirit more of co-operation, rather than confrontation, and will continue so to do. That's why we were extremely disappointed that you were unable to meet with us on Tuesday, May 10th - as pre-scheduled six (6) weeks before - to continue the useful discussions started (March 2005) on the administration of justice.

Regrettably, we were only informed, on the very day, of your unavailability for the meeting. Sir, the legal system cannot afford to have the St. David's Magistrate's court non-functional any longer. In the premises, we feel more than justified in demanding results by Friday, June 3rd latest, failing which the Bar will take further appropriate action.

We look forward to your prompt action.

Yours sincerely,

Ruggles Ferguson