THE ‘cancer’ of delays in the local legal system has been a sore issue for decades now, in both criminal and civil cases, and murmurs of discontent over the pace of legal proceedings have resurfaced once more with the ending of the most recent Assizes. The June Assizes of 2014 saw only 63 cases being concluded throughout all three counties of Guyana. In Demerara only 49, 242 matters were disposed of, with some of those cases being carried over to the October Criminal Assizes, which started on October 7 last. Noteworthy too is that a total of 226 cases will be heard in October by the Judges of the High Court.

This is despite the fact that, in 2009, the Government enacted the Time Limit for Judicial Decisions Act, No. 9 of 2009 to deal with the pace of civil proceedings. The Bill was assented to since August 2009; but unfortunately, there is much desired in the area of compliance, which would see judges writing their decisions within a specified timeframe of six months in civil cases.
As it relates to criminal cases, which include a judge and jury, decisions are usually taken at the conclusion of the case.
Also, under Article 197 (3) of the Constitution, a judge may be removed from office “for persistently not writing decisions or for continuously failing to give decisions and reasons thereof within such time as may be specified by the Parliament….”
CAUSES INJUSTICE
President of the Guyana Bar Association (GBA), Mr. Ronald Burch-Smith acknowledged the prevailing dissatisfaction with the speed at which cases are currently being disposed of.
In a telephone interview, he told the Guyana Chronicle that while there have been some improvements in some courts, generally there is still much to be desired.
“The rate at which cases have been disposed of has improved in some courts, but overall for the large part, there is much to be desired,” Burch-Smith said.
He added that, “The people have much to be dissatisfied about, but given that the situation has been very bad, the few improvements we have had are welcomed….the situation is terrible because it causes enormous injustice and frustration.
The GBA Head highlighted too that two examples where the status quo is “terrible” and completely unacceptable are at the land and commercial courts.
“The pace in the legal system right now needs to be 10 times faster,” he stressed.
According to him, a National Civil Justice Committee was recently established and is currently working on a number of recommendations that will hopefully improve the situation in Guyana’s courts.

USE OF TECHNOLOGY
Another criticism of the system is that it has not embraced the speed and efficiency that comes with technology.
Partner with the legal firm, Satram & Satram, Mr. Mahendra Satram, told this newspaper that Information Communication and Technology (ICT) can play a central role in reform efforts.
He said, “This is not to suggest, however, that the appropriation of ICT is the singular solution or consideration nor is it uniform in its implementation and development. There have been innovative practices adopted such as paperless courts that have been highly successful, making a compelling case for automation and the employment of information technology. Numerous extraneous variables such as political will, institutional capacity and availability of resources etc. play a critical role in the ultimate success or potential failure of any proposed system.”
Satram explained that, notwithstanding this, ICT must be embraced and utilized to improve efficiency in judicial administration and the expeditious delivery of justice.
“Throughout the world, judicial administrations, including many Caribbean Islands, have implemented advanced data management systems, voice and video recording software and other technology to improve the delivery of justice. In contradistinction, in Guyana there has been minimal use of readily available technology in our judicial administration, perhaps to the detriment of judicial officers, litigants and the general public,” he said.
The lawyer added that, “There have been innumerable instances of misplaced or destroyed files that could have been avoided by use of electronic data management systems. Notes of evidence and legal submissions are being recorded manually by judges and magistrates when readily available technology can obviate this need by recording proceedings and producing instantaneously an accurate transcript thereof.”
VIDEO TECHNOLOGY
According to him, other possibilities include improved efficiency and optimized utilization of resources by implementing electronic case management systems, publication of legal information online to improve public access, increasing transparency and accountability by installing video technology in courtrooms.
“Online case filing systems may improve access to justice, increase the speed in which litigants can have their cases heard and determined and drastically expedite the average case cycle,” he said.
Unfortunately, Satram stated that the main hurdle that may be encountered by any such endeavour is a potential resistance by judicial culture expressed towards externally imposed change.
FLIMSY EXCUSES
One of many disgruntled Guyanese, who spoke with this newspaper outside the High Court on condition of anonymity, said, “I have been in the Court for years, back and forth, with respect to a family member who was charged for murder, what I find is that most of the time, the matter is usually adjourned to a next date because of some flimsy excuse on the part of the lawyers or the judges, evidence being misplaced, and key witnesses being absent from hearings.”
Another individual told the Guyana Chronicle that the judicial system needs to be streamlined so that it can be more efficient and expeditious in the handling of criminal cases.
The general consensus is that while there have been marked improvements in the number of criminal cases being disposed of, from what obtained years ago, more needs to be done to effectively cause a dent in the ever increasing number of cases.

GOVERNMENT’S EFFORTS
Meanwhile, Attorney General (AG) and Minister of Legal Affairs, Mr. Anil Nandlall, has repeatedly highlighted the fact that the Government is committed to resourcing the judiciary.
The latest effort was Government’s move to increase the crop of judges to the maximum limit. In February 2014, President Donald Ramotar had issued the Puisne Judges (maximum number) Order 2014, increasing the number of puisne judges to 20.
At the time, the AG stated that the decision to increase the complement of Puisne Judges was made after due consultation with the judiciary.
He explained that the move is yet another demonstration of the Executive’s commitment to adequately resourcing the judiciary and supporting its institutional strengthening in order to ensure that in the end, justice is delivered to our people efficiently, competently and with dispatch.
Nandlall added that it is the administration’s hope that this new measure will assist in bringing much needed alacrity to the rate at which cases are heard and determined in the judicial system. From all indications, it appears that the current complement of puisne judges is wholly inadequate to meet the volume of litigation engaging the justice system.
Speaking to this newspaper yesterday, Nandlall stressed that all efforts are being made to improve the efficiency and speed with which judicial matters are addressed.
FAMILY COURT
He said, “Government has already fully furnished the family court and it is expected that the judiciary will announce its opening shortly.
“Also, a contract has also been awarded for the construction of a building in the Supreme Court compound, which is expected to house a Land Court with accommodations for two courtrooms and a registry. Work is expected to commence shortly.”
The Attorney General acknowledged the concerns being voiced and expressed optimism that the various systems being put in place will address the maladies that plague the justice system.
“It is hoped that these investments being made in the judiciary will result in greater efficiency as well as increase the speed at which the system works,” Nandlall concluded.

(By Vanessa Narine)