Judge: System grinding to a halt
Thu, June 24, 2010 - 12:05 AM
by HEATHER-LYNN EVANSON
THE ISLAND’S HIGH COURTS are being “held to ransom” by accused and by some defence lawyers, a High Court judge said yesterday.
It is because of them, said Justice Elneth Kentish, that her court had only been able to do one case since her stint began on June 11.
“I understand that counsel have to make a living but the courts have to function and the courtsc annot be held to ransom and this is what is happening,” the judge said.
“The courts are being held to ransom by accused persons and by lawyers for accused persons. They are running the show,” she declared.
In fact, the judge feels the Sessions in her court have all but “ground to a halt”.
“There was a time in this country,” said Justice Kentish, “when the Assizes took precedent over everything and over every commitment that a lawyer had.
“He didn’t come or she didn’t come to court and say I cannot come to court on this date or that this date was not convenient. They were here.
“I do not know what has transpired or what has changed that culture but the culture we are at now is where this system is grinding to a halt.”
“In fact,” the judge said, “in the past few days, in this court, this system has ground to a halt.”
Justice Kentish was yesterday expressing her displeasure after a number of accused appeared before her and offered a range of excuses as to why they were not ready for trial.
One man said he had given his depositions to now Minister of Housing Michael Lashley at the time when Lashley was a defence counsel.
He said he has not looked for another lawyer since Lashley took up office and did not know if he still had the papers.
Another accused said he “now had to make an appointment to see a lawyer” even though he had been told, at the last Plea and Directions Hearing, that his matter would be called in July.
A third, who is on remand awaiting trial for aggravated burglary and rape, confessed his attorney was not aware of the matter because he had not called him.
The judge said since she had taken over the No. 5 Supreme Court on June 11, the court had done one trial.
“Why have I done one case in that period?” she asked.
“Largely because accused people have not been coming to court or, if they come to court they have counsel who is unavailable or because we cannot find some of the accused people or for all the reasons that are not reasons,” she said.
Justice Kentish further noted that there was a time when lawyers who were working at the Assizes understood they were available at short notice and she said maybe the time had come for counsel to explain to some accused that they could do so much and no more.
“We cannot have a system where accused persons are selecting one of four lawyers or one of three lawyers and then coming to court and saying their lawyer said he/she cannot come to court because they are in another court,” the judge told those present.
Justice Kentish added that “the business of a judge sitting and telling a jury that there was no work” would not be happening in her court.
She further issued a warning to accused that they were no longer running the show.
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My advice to other Barbadians if you can source a lawyer out of England, DO-SO!. There are some that visit here on vacation. They will do their best to help you. My experience has been attorneys out of England have a FAR different work ethic than the ones here and they don’t do this type of foolishness.
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Comment LinkWe are not serious about most things on this island .For long now I believe that some of these lawyers need to be held accountable .By accountable I mean they should be given a day or even a week in HMP Dodds to see that the courts of Barbados means business.People blame and chew out the police all the time .They do their job arrest the accused and the court seems not to be able to follow on with the punishment .Makes one wonder why bother to apprehend persons.I have found that too many of our lawyers are catching at money and thus plays alot of cat and mouse games .No wonder persons spend years without a sentence . All because lawyers pussy foot ,and keep putting off for frivolous reasons .Lawyers in Barbados need to realise that this is about defending clients and making sure the cogs of the judicial system grinds smoothly . Some of them seem not to understand their role in society and it is sad.
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Comment LinkI agree with this judge and the Bar Association seems to be encouraging them. When these lawyers and solicitors act unethically, they should simply be disbarred as would be the case here in Canada. Perhaps, the judge should be given authority to disbar them if she finds their behaviour inappropriate and unacceptable.
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Comment LinkThis is most reprehensible. I also blame the judges. Is there something called “contempt of court”? How can judges allow these “idiot” excuses and then say accused persons and lawyers holding up the courts? set a trial date, give clear instructions and if not proceed with the trial. If the accused want to appeal if convicted, then let him/her do so. you would see how quick he would get a lawyer when his behind is found guilty and sentenced to some long years. Stop pandering to the lawyers, making excuses and get on with justice. This is an abomination in a country like Barbados in 2010. You all are guilty.
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Comment LinkThis is the judge’s court she has to set the standard.
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Comment LinkSome among us scoff at the the mention of things American, but we have to admire their level of accountability. It is because we have allowed ineptitude to go unattended, we have different levels of equality and we mix business and pleasure, that we are in this position. The judge as manager of a court must administer justice without fear or favour. The judge is ultimately responsible for the function or dysfunction of the court. It is time to stop crying wolf and passing the buck. Something has to happen after all the venting. Where is the justice in the justice system, and who is responsible?
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Comment LinkI wonder if the day will ever come, when the level of accountability will be so high and justice so fair, that judges, prosecutors, attorneys, and other prominent people among us who mess up, serve long term imprisonment. It happens in other countries. With such a surplus of attorneys on the market, how is it that the court is held up to such ransom? Is it greed? Is it judge shopping, a menace that is creeping in and needs to be curbed? Could working relationships be so bad in this country that such disrespect is shown? Is integrity and performance the problem? Other than mention, what do we do about the accused (sometimes aided by complainants) who play games with our justice system?
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