In very recent times there has been more comment on the court system from Chief Justice Sir Marston Gibson and former Bar Association president Mr Andrew Pilgrim.
Mr Pilgrim’s comment that we need more judges was eye-catching and made the headlines, but both he and the Chief Justice recognize that the problem requires a multi-faceted approach, so that Mr Pilgrim’s suggestion, though meritorious, must not be taken to mean that more judges in and of itself will ensure quicker turnaround times between filing a case and getting it heard.
Nor do we think that Mr Pilgrim, with his vast experience of the courts, meant to convey that impression.
The appointment of more judges must be part of a wider package of adjustments to the systems, for we are now experiencing what might be called long, undue delays in both aspects (civil and criminal) of the legal system.
What we have now needs to be adjusted because it is not only longer a mere truism that justice delayed is justice denied. It is the stark reality when some accused persons are on remand for five and six years before their cases are disposed of at the Assizes.
More judges to hear criminal cases may be part of a set of measures which would include more courts, more prosecutors and more clerks and other ancillary staff to service those courts. The recent problems with the late arrival at court of the prison buses shows how the several cogs must move in unison to get the wheels of justice moving efficiently.
We also need a more efficient system of getting the criminal case files completed so that preliminary enquiries in magistrates’ courts can proceed in a timely manner and such criminal cases sent on to the High Court.
Many adjustments may also have to be made on the civil High Court side. There too, part of the suggestion may indeed be more judges, but any part of that reform must include public education on the role and work of judges. Too many people are of the view that when a judge leaves the Bench, that is the end of the work day. Not at all!
Writing a High Court judgment is an exacting and demanding exercise which of necessity has to be done off the Bench. Re-reading the cases submitted by counsel and considering all aspects of the case is time-consuming work, calling for consistent concentrated application, sometimes while those same judges are also coming to work every day dealing with other technical cases in chambers or in full trial. It is to that extent that more judges may be part of the solution.
But attention also needs to be paid to the operations of the Registry which feeds the material through the system. More staff is needed at key points in the system to expedite the process, and perhaps more marshals are needed to ensure a more timely service of documents, since a marshal on court duty cannot be doing work in the field serving court process documents.
The court system needs attention, both at the criminal and civil levels. Alternate dispute resolution and more judges may be required, but there are other problems within the ancillary services which need to be fine-tuned as well if we are to deliver a more time-efficient system of justice in this country.
