CJ recalls first year ordeal at the helm of the judiciary

In his first year in office Chief Justice of Barbados, Sir Patterson Cheltenham has faced an unexpected “ordeal” with the myriad of challenges including the highly troublesome backlog of cases in the judiciary, the external pressures of the COVID-19 pandemic and the ash fall from the eruption of St Vincent and the Grenadines’ La Soufriere Volcano.

Addressing a virtual ceremony to mark the opening of the 2021-2022 legal year, Sir Patterson recalled the challenges he faced since being sworn into office on November 1 last year telling the audience which included Attorney General Dale Marshall Q.C., the Director of Public Prosecutions Donna Babb Agard Q.C. and high-ranking officials of the judiciary that the pandemic became “an uninvited and disruptive accompaniment” of his assumption of office.

“Its obduracy mandated the court’s management to undertake a radical relook at its methods of business and, in particular, the litigation process. In-person hearings became hugely problematic and dangerous. The dominant and pervasive nature of COVID-19 facilitated a swift movement to the virtual world which would have been unachievable in more sedate and normal times.

“The Court of Appeal has embraced the technology and because of the nature of the work, the technology has become an easy and natural fit. Lawyers have not been heard to complain and that is a positive sign,” he said.

In the criminal division, according to the Chief Justice, the disruptions caused by COVID-19 and volcanic ash have been “most keenly felt” but work continued despite this.

“In spite of these disruptions consequent upon COVID-19, the criminal division has acquitted itself impressively in the number of matters disposed of between January and September 2021; the data point to a total of 157 matters. With improvements in the administrative process and fewer interruptions, there is the real likelihood that with five criminal courts working, we can aggressively continue to tackle the scourge of long outstanding matters.

“Presently the courts are on pause and, before we can safely resume, certain infrastructural changes will be implemented for all who participate in the criminal process,” Sir Patterson added.

In his address to the gathering, Reverend Dr Adrian Smith urged members of the judiciary to “have a mind to work” despite the challenges.

“I am sure many of you, like me, will probably say we are COVID-fatigued, Zoom-fatigued, online-fatigued – all sorts of fatigue.

“We are starting a legal year in a COVID pandemic season again and therefore I believe that many of you might be tired, overworked, somebody might say underpaid even if people think that lawyers are not underpaid, but I still want to encourage you to still have a mind to work. We have to have a mind to work even though people may be tired mentally, some may be tired physically, some are tired from balancing family life, some are tired from balancing other responsibilities but we must have a mind to work through the fatigue.

“I know sometimes you are defined by your titles and so persons don’t think that you perhaps can get frustrated. . .

“I am persuaded that there is so much work for the legal fraternity to do, I believe that there are still goals and objectives to be met, things to be achieved, changes that need to occur and sometimes we can get frustrated at the volume of work and I dear say the slow pace of work sometimes.

“I want to encourage you as you have a mind to work, stay positive, stay hopeful, stay confident that you are making a difference and you are helping this nation to grow and to achieve and to become the nation we need to be under God.

“I encourage you to have a mind to work even though you are fatigued, even though you are frustrated, and even though there may be fear,” Rev Smith said. ( FW)