Court project delayed by redtape
(CNS): Chief Justice Anthony Smellie has said that red-tape is holding up the redevelopment of the Scotia Building, acquired by the government more than a year ago to provide much needed new court rooms. Speaking at the annual official opening of the Grand Court, on Wednesday, he told the legal fraternity gathered for the event that despite the expectation that two courts would ready by the middle of last year, the “reconfiguring and fitting out” had not been done because it needed planning permission.
He said the long overdue courtrooms were meant to provide the much needed space to tackle the courts’ growing backlog of criminal cases and a new base for the Court of Appeal when it is in session. But this courtroom project not only needs to be approved by the Central Planning Authority but the Public Works Department and Lands and Survey need to have input on it as well, the chief justice said.
“We therefore call upon our colleagues from these other agencies to recognise the urgent need for these courtrooms and not to allow too much red tape to humbug progress,” he said.
CJ Smellie explained that the courts are facing the largest number of indictments ever awaiting trial.
“As was the position last year, the judges are already rostered to tackle the backlog of indictments but this effort cannot begin without the courtrooms being available,” he added, noting the pressing need to get the new courtrooms ready as soon as possible. “It is of utmost urgency that these two court rooms are available no later than May of this year.”
The top judge said that Judicial Administration will be employing a project manager to help drive the imitative and work with the other government agencies involved to get these courtrooms installed over the next four months.
The chronic lack of court space is impacting the work of the Summary Courts, where magistrates are rotating around the available courts during the course of each day in order to hear the various different cases. Despite the significant efforts by magistrates to hear the cases and keep the listings moving, the need for them to juggle around is made worse when the court of appeal is in session, the chief justice said.
“The disruption that this causes to an already fragile listing system should be obvious to everyone and cannot be allowed to continue,” he stated. “After many years of explaining this problem, one is obliged to think that any lingering reservations about the need for dedicated courtrooms for the Summary Courts can only be the result of lack of understanding,” the CJ added.
Although government has committed to building a new courthouse, which will address the space problem in the future, it is of “crucial importance to the administration of justice in these Islands and it is imperative that it be allowed to proceed”, he said.
The chief justice said this shortage of space is compounded by the lack of available criminal defence attorneys.
“The fact that from a local resident bar 960 strong, only a small number are willing and qualified to serve the public at the criminal bar. This is an alarming statistic and something must be done to address this deficit,” he warned.
He said the criminal courts are entirely dependent upon the availability of a small cadre of lawyers. Giving an example of how troublesome this can be, he said that during one particular week September last year, four summary criminal trials were vacated because the defence lawyers were required, at short notice, to appear in matters before the Grand Court. And rescheduling cases that involve crown and defence attorneys as well as witnesses can be very challenging.
He said the solution had to be attracting more competent lawyers to the criminal bar and ensure that there is a more even distribution of the case load among all of them. “This is much easier said than done. Early this year we will be convening a working group with the Criminal Defence Bar to seek an answer,” he told the lawyers in attendance.
Winding up his address, the chief justice said that “the struggle continues. Some seemingly perennial difficulties are yet to be overcome, chief among these being the lack of courtrooms and the generally inadequate and outmoded court infrastructure. The chronic shortage of criminal defence lawyers being another matter of urgent concern.
He added, “The reality is that in our jurisdiction like even in others which we would emulate, the administration of justice is always a work in progress.”
After the official ceremony Governor Martyn Roper, who attended the opening, had a dig at civil servants involved in this project on social media, saying that government had provided the money and they had to get on with the work.
“Upholding the independence of our judiciary is one of my most important roles,” he said in a Facebook post, adding, “Much to do in 2020 including tackling the backlog of cases. Government cannot be faulted in providing resources. Civil Service now needs to step up to ensure promised new courtrooms are delivered at pace.”
According to the statistics revealed by the chief justice last year for the Summary Court, 1,292 criminal charges were filed and 6,108 traffic tickets issued. With hundreds of cases carried over from 2018, the court disposed of 1,301 criminal charges, 919 of those by way of contested trials.
The average number of days from filing to disposition after trial was 282, or about nine months, far short of the six weeks recommended by best practice. However, the chief justice pointed out that without an increases in criminal defence attorneys and the opening of the much needed new courtrooms, that figure was not going to come down.
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Category: Courts, Crime, Government Finance, Politics
Al T and the CPA Gang are too busy handing out “after the fact” permissions then to deal with this..There is no money in this one…
Follow the money folks…money always talks!
The only way to get the public sector to get off their backsides (or to answer their phones) is to award the redevelopment contract to a company with political connections. Then watch the dust fly!.
Welcome to third world.
Welcome to the real world Judge. Anytime anyone wants to build anything this is what they have to contend with.
Surely the CJ is not suggesting the project should circumvent due process?
Well you see, agencies of government, even those who are supposed to prevent it, are perfectly happy to watch us suffer under unnecessary bureaucracy. It is only when it effects them that there is any overt concern.
The problem that what we call due process too often amounts to undue obstruction and ineptitude. It needs to be confronted.
the aloof judiciary are also to blame with their gold-plated demands and expectations.
Gold plated demands. Like a court room to actually work in and a salty significantly less than the attorneys appearing in front of them.
Salary
The CJ and Gov speaking to the world to get stuff done in Cayman Civil Service. Is this an indictment against the DG and CO’s and Dept heads? Was this Communication sent to them privately and there is snail pace OPs? Do they have the staff and resources?
What is going on and who is in charge? Is the process broken or the CS broken? Maybe social media has become Mr. FIX IT?
You idiot. There are serious criminals out there that do not see their day in the court soon enough. It’s in the public interest that this is fast tracked. But of course like any do nothing government, they want to clog the courts up.
red tape excuse = typical civil service incompetence.
Or just delays while they negotiate the kickbacks?
The expectation by “elites” that there should always be an express lane solution for their “higher-priority-than-everybody-else’s problems”, always involving Cabinet waving their magic wands, is what really ails this territory. It is the very definition of corruption. Everyone living here experiences it to some degree, except those on the VIP suites with the magic cell phone numbers to get things done on their schedule. It is really disappointing to heat these requests are coming from the senior Judiciary and Governor’s desk as well! Good luck to us all!
I struggle with the statements of the Chief Justice which addresses the lack of lawyers and facilities. This cry has now gone on for just over a decade with an ever increasing cadence. It seems that or I should say there has never been a public document made available that comprehensively shows a cost analysis of the Judiciary as a whole and it’s pieces and how the apparent increase of criminality and adjudication has risen vs the moneys expended in the total realm of justice. It makes one wonder how allocations of funds to the judiciary is made and whether there is a strategic and comprehensive management process involved. A process geared to outlining, past present and future needs which would aid in the creation and implementation of a proper strategic program, which a Government can then use to not just allocate funds, but also , to ensure the preparation of More Caymanians to service the needs of the judiciary in all capacities.
Clearly there is something amiss here, if there is an everlasting cry with more and more foreign justices and lawyers being brought in and we still have issues with defense attorneys and lack of space. The public hears the Chief Justices cry but never sees a forthright effort by all concerned parties to elucidate on the full details. Is it that there is a play here to maintain the “status quo “ or is it that either side of the apparent divide doesn’t want to make the move to solve this now annoying repetitive cry with both playing a waiting game.
Solve it now for all of you that head the positions of policy earn exorbitant salaries and are paid to fix and maintain all of our governance and justice processes . Do something or get out.
Over the past 50 years, corporate law has proven more lucrative in Cayman than criminal law (no lawyer would own their Crystal Harbour or South Sound mansion defending crims). Perhaps that’s a positive thing but clearly the need for criminal defence is increasing (bad thing) so law firms should at least step up to the plate.
That is a sorry excuse. Some very capable local lawyers were persuaded to do less lucrative work against their wishes on the promise it would not be held against them in their career advancement. Pure lies.
Why law firms? Do we require doctors to work for free? Maybe free taxis too? Legal aid must be properly funded by the government.
“Profession” – a status that brings with it certain privileges, and imposes certain obligations.
So our largely inept civil service most of whom do not give a damn acts with callous disregard to the needs of the courts and the Chief Justice and Governor make comment.
What are the rest of us to do when stuck in the alternative universe now prevailing at the interface between legitimate private sector expectations, and public sector performance?
Here we have the Judiciary and Governor seeking to circumvent due process, and create their own fast lane because it affects them, rather than addressing egos, conflicts and ineptitude – ie. fixing the process for everyone. This is exactly what’s wrong with Cayman. These fast track Cabinet vetos are the heart of the cronyism and patronage underbelly that plagues these islands. It’s the reason why the CFATF highlighted corruption and blindness to local drug trafficking in their fifth recommendation.
Red tape ensures the project is done properly.
The Government is in the process of building the John Gray High School, The Mental Health Facility. The airport redevelopment and cruise Piers are in the works and lets not forget the waste management solution . These are all complicated multi million dollar projects. I can see why a Court room for criminals has not moved forward quickly.
Shame on the private sector law firms for not having more criminal lawyers.
There’s no money in criminal defense; and even if there were more representation options for our career recidivists, there still wouldn’t be sufficient court space, judges, scribes, to hear it all at the pace necessary – nor accommodation at Northward to house them. We have a variety of problems to solve.
10 years ago the big law firms did exactly that – had criminal defence law teams working at legal aid rates and doing a fair amount of pro bono work too, cross subsidized by the main practice. Seen as a community support issue. But the authorities gave them hell for it – didn’t like the impact on the Crowns conviction rate which was already crap. As one managing partner put it to me it’s one thing to take a hit in your profits in order to satisfy your conscience you are putting something back, but when you are not thanked for it but instead criticized it gets really hard to convince the partners to keep subsidizing it.
So our private sector lawyers are making millions but can’t even help a Caymanian with a divorce or represent Caymanians in Court. I thought the private sector was better than this.
entitlement culture….
The vast majority of the private sector lawyers in Cayman would not be competent to help with a divorce or represent someone in court. It would be equivalent to having a plumber try to deal with electrical problems.
So I take t your spouse hasn’t taken everything from you yet. 🙄
Get a hedge fund structures specialist to handle your divorce and find out.
No one can help the “helpless” You just don’t deserve it.