“IF YOU WANT justice, keep out of the law courts”.
I have often seen the above quotation attributed to the Right Excellent Errol Walton Barrow and must confess that I do not know whether or not it is genuine, but it certainly does reflect the kind of ethos which he would have espoused.
Recently the judicial system in Barbados has received much criticism from the legal fraternity as well as from the laity with particular reference to the inordinate time it takes to arrive at a final adjudication for cases in the court system.
Such has been the delay that we are now seeing bail being granted to people accused of murder, cases being adjourned for as long as 18 months and some accused have been on remand at Glendairy/Dodds for periods in excess of four years.
In my humble opinion, despite the protestations of the legal fraternity, I believe that that segment of society is the greatest impediment to the speedy resolution of legal matters in this country.
Justice and the law should be two sides of the same coin, but they have now degenerated to being two totally different concepts. The concept of justice emphasises the fairness of the outcome as opposed to the concept of law which places emphasis on the legality of the outcome.
Oath
In the oath which all attorneys take prior to being admitted to practise their craft in Barbados, they swear to uphold the practice of law, but there is no reference to ensuring that justice is meted out.
Many of the adjournments which are requested hinge on excuses which could not stand up to close scrutiny. These delays may add to their coffers but reduce their clients to penury.
Frustration is one of the legal doctrines which allow persons to repudiate a contract and ironically, frustration is also one of the weapons which lawyers use to wear down their clients.
The only consolation which lay persons could possibly take from the attitude of lawyers is that they are not the only ones who suffer at their hands. If the contents of the book, More Binding Than Marriage by Philip Nicholls, himself an attorney, are to be believed, some are not averse, whilst using the same dilatory tactics, to fleecing their own brothers in the legal fraternity.
It is universally agreed that by the sweat of his brow, man shall eat the proverbial bread, but to the casual observer it would appear that the collection of fees is more important than ensuring that justice is not only done, but seen to be done.
Justice and law are indeed not synonymous and perhaps if the eyes of Lady Justice were not covered by the blindfold, she may have been tempted to use the sword of justice to persuade members of the legal fraternity to ensure that the scales of justice were indeed evenly balanced.
– ROLLINS HOWARD
