FEBRUARY 25th, 2006

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GBA President, Ruggles FergusonThe 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.

 

 

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