Five years on JP rules still not in place

(CNS): The introduction of a new regulatory regime regarding justices of the peace which began more than five years ago is still not fully implemented as the new regulations that accompany the amendments to the Summary Jurisdiction Law have not yet been approved. Deputy Governor Franz Manderson said Cabinet was expected to do that this month but at present there is still no way for people to complain about the conduct of JPs or hold them accountable for any unlawful or improper warrants they sign.

Local defense attorney Peter Polack has been trying to file a formal complaint since July of last year about a JP who signed an unlawful warrant that was served on one of his clients in 2013 but has been stonewalled. The clerk of the court told Polack that she was “unable to address the complaint” because the regulations were not in effect.

The issue of JPs signing warrants without understanding the relevant laws, circumstances of the cases or seeing evidence hit the news headlines in May 2013 when local activist and outspoken campaigner Sandra Catron exposed the shortcomings in the Grand Court during a judicial review regarding a warrant issued against her during an investigation into allegations that she had misused an ICT network.

The judge in the case, Justice Alex Henderson, threw out the warrant after he heard that the elderly JP involved had simply signed the warrant because the police asked. The JP had admitted seeing no evidence or even understanding the alleged offence and stated that the police officer in the case had not provided any details “whatsoever regarding the warrant”, something the JP indicated was normal when he added that the police never show any evidence when they ask for a signature.

Following the exposure, Police Commissioner David Baines said in August 2013 that the RCIPS had changed the policy and officers would no longer use JPs that were not legally qualified but seek signatures from magistrates or judges or JPs who were at least legally qualified. However, in the case of Polack’s client, several months after Baines’ comments the RCIPS had once again sought the signature of an elderly JP with no legal experience.

In 2009, during the last UDP administration, the UK government noted the need to train and regulate justices of the peace and made the implementation of a formal accountable system conditional on the Cayman government’s borrowing requirements in that year’s budget.

The deputy governor has confirmed that the relevant law was redrafted and amended and approved by the Legislative Assembly last year.  Manderson said that the JP regulations have been drafted and Cabinet is expected to approve them this month. In the meantime, he said, the JP training programmes have been introduced and they have also been consulted about the new regime.

The training began in early 2014, along with the introduction of a code of conduct. The deputy governor said at the time that while the office of justice of the peace holds a status, the position is not an honourary one but one “involving serious duties and responsibilities assisting to preserve the rule of law”.

However, despite that acknowledgement, there are still concerns that protocols are not being followed by police or JPs regarding some warrants. With an unknown number of questionable warrants issued over the years already, five years after the UK directed the local authorities to deal with the issue, there is still no way to hold those in office to account.

Cayman Islands justices of the peace in the first JP training session