…President commissions $143.5M Diamond-Grove Magistrates’ Court
…to reduce caseload at Providence Magistrates’ Court

By Svetlana Marshall
Hailed as a symbolism of greater access to justice in Guyana, the Diamond-Grove Magistrates’ Court, built at a cost of $143.5M, was, on Wednesday, commissioned by President David Granger.

The state-of-the-art court, which houses two courtrooms that are intended to significantly reduce the caseload at the Providence Magistrates’ Court, was commissioned in the presence of the Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards; Chief Justice (ag), Roxane George-Wiltshire; and Attorney General and Minister of Legal Affairs, Basil Williams.

Former Chancellor of the Judiciary, Justice (Ret’d) Carl Singh; former Justice of Appeal, Prem Persaud; Justices of Appeal Dawn Gregory and Rishi Persaud; Director of Public Prosecutions, Shalimar Ali-Hack; Principal Magistrate, Sherdel Isaacs-Marcus; President of the Guyana Bar Association, Teni Housty; and Commissioner of Police, Leslie James, were among the other officials present.

In delivering the keynote address, the Head of State said the establishment of the Diamond-Grove Magistrates’ Court in the Demerara-Mahaica Region was another step in the direction of providing easier access to justice for persons living in Guyana. “Access to justice is a fundamental and foundational principle of the rule of law. It is characteristic of a democratic state and considered as a hallmark of modern civilisation. Equality before the law can exist only where there is access to the law,” President Granger reminded the distinguished men and women of the judiciary and residents of the community present.
In underscoring the importance of equitable access to justice, he warned that the rule of law would flounder without such. Access to justice required that citizens are provided with legal recourse that is accessible and affordable; protected against unlawful usurpation of their property, the violation of their rights and disruptions to public order; and protected from persons who represent a threat to society, the President outlined. That aside, he said it strengthens public security and provides assurances to investors that there would be easy access to settling disputes.

Zooming in on the roles of magistrates’ courts, the first tier of the justice system that serves as an important link between citizens, the community and the judiciary, the Guyanese leader said that they are guardians of citizens’ rights, as he applauded the Supreme Court of Judicature of Guyana on its decision to expand its reach.

“The choice of Diamond-Grove as the location for the construction of this new court was a necessity,” the Head of State said while adding that “Diamond-Grove is one of the fastest growing settlements in the country.” Collectively, there are more than 35,000 people living in the Diamond and Grove Housing schemes.

From cane fields, the Diamond and Grove Housing schemes have emerged as thriving communities with banking services, religious halls, commercial enterprises, hospital, insurance companies, police station, schools and other necessities spread-out across them. The community, deservedly, now has its own magistrates’ court, the Head of State said as he took stock of the rapid developments taking place within the communities and along the East Bank of Demerara (EBD) corridor.

“The establishment of the court typifies the connection between the courts and the community. It manifests the decentralisation of legal services, particularly to rural and hinterland regions and communities,” he said.

The Diamond-Grove Magistrates’ Court, he reported, will ease the caseload which had to be borne by the Providence Magistrates’ Court. “The East Bank of Demerara corridor – between Mc Doom and Golden Grove villages – has witnessed the development of large housing estates and a consequent surge in population. The new court will improve access to justice for the estimated 70,000 residents of the entire East Bank of Demerara,” he further reported.

“Guyana’s system of justice administration still faces many challenges but it is becoming more resilient and robust and more responsive to the needs of the people. Citizens can be assured of progressive improvements in the system of administration of justice,” President Granger said while congratulating the Chancellor and Chief Justice on the establishment of the Diamond-Grove Magistrates’ Court.

Legal rights
The Attorney General, while acknowledging the efforts of the judiciary to expand the reach of justice, said the importance of access to justice cannot be overstated.
“When people get access to the justice system, they are empowered as it is one of the prime mechanisms for persons to exercise their legal rights. These legal rights are enshrined in our Constitution, found in our statutes and declared in the various international instruments to which Guyana is a signatory,” Minister Williams noted.
Courts, like the Diamond-Grove Magistrates’ Court, allow for the prosecution and defending of charges; and resolve conflicts in an environment that allows for fairness, due process and protection under the law.

“At the Attorney General’s Chambers and Ministry of Legal Affairs, we are doing our part to remove the barriers to access to justice under the “Support for the Criminal Justice System” programme, which is an IDB-funded project that is executed by the Ministry of Legal Affairs,” he said. The programme is aimed at reducing the prison population by encouraging the use of alternative sentencing.

President of the Guyana Bar Association, Attorney-at-Law Teni Housty, while referencing to Article 144 of the Constitution of Guyana, also underscored the importance of equitable access to justice. “What we are celebrating here today is a realisation of meaningful access to justice,” Housty told those present. He said the Guyana Bar Association supports and endorses continued and sustained improvements in the administration of the Justice System in Guyana.

Meanwhile, the Chancellor of the Judiciary, in providing an overview of the multimillion-dollar project, said that the Diamond-Grove Magistrates’ Court will attend to the judicial needs of persons residing along the East Bank of Demerara (EBD) corridor with focus on summary offences, with the exception of traffic matters, thereby enhancing the delivery of justice along the corridor. All traffic matters along that corridor will be dealt with by the Providence Magistrates’ Court.

Cognizant of the steadily growing population in communities, along the corridor, such as Herstelling, Diamond, Grove, Farm, Mocha and Providence, and the impact on the Providence Magistrates’ Court, Justice Cummings-Edwards explained that the Judiciary, under the stewardship of Justice (Ret’d) Singh, took a decision to establish the Diamond-Grove Magistrates’ Court. It was Justice (Ret’d) Singh, who, while as Chancellor, had secured the plot of land on which the court sits but the project was executed under Justice Cummings-Edwards.

“It is no secret that Providence [Magistrates’ Court] is one of the busiest Courts in Guyana,” Justice Cummings-Edwards said as she alluded to the large number of legal matters placed before that court.

In the absence of a second court, several interim measures were put in place to accommodate legal proceedings, such as the creation of an annex utilizing a building owned by the Guyana Police Force in the compound of the Providence Police Station. But those measures, Justice Cummings-Edwards said were not enough.

However, she said with the establishment of the Diamond-Grove Magistrates’ Court, the building will be returned to the police, and three magistrates will now preside over the two courts along the East Bank Demerara corridor – one at the Providence Magistrates’ Court and two at the Diamond-Grove Magistrates’ Court.

“All traffic matters will be dealt with at the Providence Magistrates’ Court, and I have seen the statistics, which informed our decision, the traffic matters are numerous; and Providence Magistrates’ Court then will become a specialised court; and all other summary matters will be dealt with at this court,” the Chancellor explained.

The Diamond-Grove Magistrates’ Court was built by PD Contracting at the cost of $132.2M, however, engineering services, which were provided by E & A Engineering Services, and other fees totaled $11M, thereby, bringing the overall cost of the facility to $143.5M.
The court boasts modern equipment and technology such as Skype equipment, and court recording units for the taking of evidence. It also caters for persons with disabilities. As such, the modern edifice has a wheel-chair ramp, an elevator, washrooms to accommodate wheelchair access, and soon a parking area will be designated for persons with disabilities. It also has a Domestic Violence Unit, Holding Facilities and a Police Outpost.

At 13:00hrs on Wednesday, Magistrate Weever heard the first case at the Diamond-Grove Magistrates’ Court.