A FAILING JUSTICE SYSTEM
Hidden away among the list of the 2015 budget proposals presented to the nation by the Minister of Finance on August 10, 2015 was a promise that seems to have escaped the public’s attention. It was the promise to tackle problems in the criminal justice system, especially the backlog of cases and crime, both of which remain a major issue facing the nation. The large number of backlog cases, some of which date back to more than a decade, is troubling. That there is a backlog of cases is not in doubt but what is troubling is that there are some suspects languishing in prison much longer than the length of time they would have spent had they been convicted. This is absurd. It is wrong! The present Attorney General while in opposition had spoken of this judicial abnormality of the dispensation of Justice but so far he has done nothing to remedy the situation. While this is a failure of the justice system, the buck stops with the APNU+AFC government. The Chancellor of the Judiciary has admitted that the number of backlog cases is in the hundreds and it is unlikely that the number can be reduced in a timely manner on the current schedule and resources available. However, for the Chancellor to say that the judicial backlog of cases is not unique to Guyana is a cop out. Even if that is the case, why is it taking so long to find a solution to the problem? What has he done to reduce the backlog of cases? It seems that this issue is not a priority for the powers that be. After four months in office, the government, particularly the Attorney General, has remained silent on the issue except to say that the government will appoint more judges and magistrates to speed up trials and reduce the backlog of cases. Guyana’s justice system is somewhat antiquated and is stretched to its limit. The courts are not fully computerized; statements and testimonies are still being handwritten by clerks, magistrates or judges. Urgent action is needed by the government to modernize the justice system and reduce the backlog of cases. The shortages of magistrates and judges mean that the backlog of cases will not be reduced anytime soon and that many suspects will be remanded for years in overcrowded and dirty prison cells. Then, there is the absence of witnesses who after years of delay of cases have relocated. Some have accepted bribe not to testify, and others are murdered to prevent them from testifying. The reality is someone would be freed because of the lack of evidence. It is true that Guyana is not the only country with a backlog of cases and while some efforts have been made over the years to reduce them, a physical check of the facts revealed that access to the justice system in Guyana is much longer than in several other countries. On a population ratio basis, Guyana has the least number of Justices presiding in the criminal courts. Currently, there are only three justices presiding over each Criminal Assizes Session in Demerara, one in Berbice and one in Essequibo. It is clear that the justice system is failing the people and immediate action is needed to end this injustice. A wise jurists once said that justice delayed is justice denied. During the last ten years, the only attempt by the former PPP administration to solve the problem was to increase the statutory complement of judges from 12 to 20 but the party did not provide the courtrooms and chambers for them. The APNU+AFC government should consider adding more judges to the bench in the three counties in order to make a significant dent in the backlog of cases. This is perhaps the answer to the problem. Time to demand justice for the ordinary people.
