The
Grenada Bar Association (GBA) has again written to Legal Affairs
Minister, Elvin Nimrod about the deplorable conditions under which
members of the judiciary are forced to operate in the country
following the passage of Hurricane Emily nearly two years ago.
The lawyers
are also complaining about the tendency of the ruling New National
Party (NNP) government not to consult them on matters affecting
the judiciary.
Following
is the full text of the letter dated, February 20 that was sent
to Minister Nimrod by GBA President, Ruggles Ferguson:
Dear Sir,
Re: Serious
concerns about the Administration of Justice
We write again
to express our deep concern about several issues touching and
concerning the proper administration of justice. Key among these
issues are the absence of any proper facilities to hold sittings
of the Sauteurs Magistrates Court; the absence of bathroom and
other basic facilities at the Carriacou Magistrates Court; the
lack of proper facilities for our Judges, Magistrates and Lawyers;
the continuing deterioration of the No. 1 High Court through exposure
to the elements; and the lack of consultation with the Bar and
other stakeholders regarding matters that affect the legal profession.
Sauteurs Magistrates Court A primary concern is the absence of
any sittings of the Sauteurs Magistrates Court since the passage
of Hurricane Emily in July 2005. The Sauteurs Court was badly
damaged during the passage of hurricane Ivan in September 2004.
However, sittings
continued thereafter under very difficult conditions for all users
of the Court, including the Magistrate, Lawyers and Court staff.
When rain fell, court sittings were interrupted, with the physical
structure no longer able to keep out the elements. In July 2005,
Hurricane Emily completed the destruction of that Court, forcing
relocation. Since then, no trials, civil or criminal, have taken
place in Sauteurs - for close to seven (7) long months! The current
location is unsuitable for holding trials. The result is a growing
backlog of cases in Sauteurs, with no action being taken. What
is worse, there seems to be no sense of urgency in resolving this
serious problem.
Indifference
appears to be the order of the day, not a single word has been
said to lawyers with regard to plans, if any, to get the Court
up and running. Sir, we remember too well that it took the St.
David's Magistrate's Court approximately one year
to begin functioning after Hurricane Ivan - and that was only
after the direct intervention of the Bar. The same fate must not
befall the Sauteurs Court. We urge that the relevant systems be
put in place immediately to ensure that sittings of the Court
begin within the next two (2) weeks. We are willing, as always,
to play a direct role to ensure the meeting of that objective.
Carriacou
Magistrates Court It is unimaginable and a sad indictment of our
system, that in this day and age no bathroom facilities are available
for the Magistrate and staff of the Carriacou Court. But that
is the reality. You have to experience it to believe it. Further,
the Magistrate and staff continue to operate in very cramped physical
conditions with a lack of basic facilities to enhance the administrative
capacity of that court.
For example,
that Court, the only one not on the Mainland does not even have
a fax machine. Persons wishing to send faxes to that Court have
to borrow the facilities of neighbouring banks and other workplaces.
Apart from inconvenience, the issue of confidentiality causes
concern. Sir, the resources required to lift the image, enhance
the comfort and build the administrative capacity of that court
are relatively small in the scheme of current spending. We urge
that you act accordingly.
Lack of facilities
for Judges and Lawyers. Generally, the facilities afforded to
Judges and Magistrates need to be urgently upgraded to a level
befitting of the respective offices. Issues of personal security,
physical accommodation, administration support, computer facilities
and library facilities need to be seriously addressed. Most Magistrates
sit in very cramped offices with little Ôbreathing space'
and Ôzero' facilities.
One Judge
was recently moved into a Ônew' office without, for
weeks, even the benefit of a telephone. When the Master comes
in for one week every month to do the case management of High
Court matters, Lawyers and clients alike have to Ôbunk'
in the garage (judge's car park) in the York House courtyard,
fully exposed to the elements. When rain falls, water flies in
from all directions.
The traditional
waiting area under the Parliament building, through which the
showers now fall in the absence of any overhead roof, is not only
unavailable as a shelter, but has now become dangerous given the
level of the building's dilapidation. We have to preserve
the Parliament building, housing the No. 1 High Court, from further
deterioration. Sir, the time to act is now. Lack of consultation:
We have again and again stressed the need for all stakeholders,
including your ministry, to work together to facilitate the smooth
administration of justice, particularly in these challenging times.
We have advocated co-operation instead of confrontation.
We have recommended
periodic meetings of all stakeholders. Yet, we are neither being
consulted on any issue concerning the legal profession nor being
informed of the plans to address the urgent problems confronting
the administration of justice. There are so many other issues
and problems, too numerous to mention here. Some we have mentioned
in previous correspondence, like the need to develop and streamline
the Supreme Court Registry and to refurbish the Sir Archibald
Nedd Law Library. We reiterate our willingness to work with your
ministry and other stakeholders to deal with the urgent issues.
The justice
system and the country will be the ultimate beneficiaries. We
avail ourselves to meet with you at the earliest opportunity.
Ruggles Ferguson
President.